1. ' MUHAMMAD MOOS-A K. J.---The applicants seek quashment of the proceedings pending before Civil Judge and Judicial Magistrate-II, Sanghar in Criminal Case No,30 of 2005, arising out of F.I.R.
2. No,96 of 2004, registered against the applicant under section 420/34, P.P.C. At Police Station, Sinjhoro.
3. ' The main contention raised on behalf of the applicants is that the proceedings have been undertaken malafidely and that no offence under section 420, P.P.C. Has been prima facie made out therefore, proceedings tantamount to abuse of process of Court.
4. ' Learned A.A.-G. As well as counsel appearing for the private respondent submit that there is sufficient prima facie, evidence against the applicants. There are only two witnesses in the case, out of which the examination-in-chief of the complainant has been recorded at the moment it will not be appropriate to throttle the proceedings.
5. ' The contentions raised have been considered and the material placed on the record has been perused.
6. ' The fact of the matter is, that the trial Court has already taken cognizance, the trial has commenced consequent upon framing of the charge and the evidence is being recorded. On perusal of the F.I.R. And charge Sheet, it could not be said with certainty that the charges are groundless or that there is no probability of the accused being convicted of any offence.
7. Application moved by the applicants under section 249-A, Cr.P.C. As well as the revision application have been dismissed by the Courts below by passing elaborates orders. It will be inappropriate to quash the proceedings at this stage as it will give an impression of stifling the criminal proceedings, which is not desirable.
8. ' The application is accordingly dismissed.
9. ' The trial Court is however, directed to conclude the case within two months and pronounce the judgment.