' SARDAR MUHAMMAD ASLAM, J.--Through this petition, the petitioners seek quashment of proceedings of private complaint for the offences under sections 379/506/279/427/337-G/148/149, P. P.C. At Police Station Nawankot, Lahore titled as Ghias-ud-Din v. Muhammad Yasin etc. Pending before Judicial Magistrate, Lahore. The petitioners moved before the learned trial Court application under section 249-A, Cr.P.C. For their acquittal which was dismissed. Revision was preferred which, too, was dismissed by the learned Additional Sessions Judge, Lahore. Orders of learned Courts below are assailed, herein,
2. Notice was issued to the other side.
' Learned counsel for respondent No,2 has entered appearance.
3. I have heard the learned counsel for the parties and perused the record.
4. The facts disclosed in the private complaint are to the effect that the respondent-complainant on 15-8-2004 was on his way to visit his friend on motorcycle. On reaching Chowk Yateem Khana, a Corolla white colour car driven by a young boy came from Niazi Adda Bund Road. It collided with the petitioner resulting into injuries on his legs and arms. On his protest, Mst. Nasim Akhtar whose name and address was revealed at Police Station stated that he appears to be of a hot temper and be cooled down. Muhammad Yasin, whose name was also disclosed at Police Station along with 3 other persons administered him beating. In the meantime, officials of traffic police intervened and they caught hold of Mst. Nasim Akhtar and Muhammad Yasin. The aforesaid Muhammad Yasin issued threats. Currency notes of Rs,2,000 fell at the spot were removed by three unknown persons. Police took him and the accused to Police Station. The occurrence was witnessed by Shehbaz Anwar and Muhammad Waseem.
4-A. Preliminary evidence was produced. Ghias-ud-Din appeared as P.W.1. He corroborated the version mentioned in his complaint. Waseem-udDin appeared as P.W.2 and stated that he was present at Yateem Khana Chowk and found that 4 persons and a woman were quarrelling with petitioner and Causing injuries on his person. Three out of them ran away with amount of Ghias- ud-Din. He saved the complainant from clutches of the accused and took them to the police station. Woman disclosed her name as Mst. Nasim Akhtar while the male disclosed his name as Muhammad Yasin. Shehbaz Anwar was examined as P.W.3. He stated that two persons were quarrelling with petitioner-complainant. Three of them fled away from the spot by taking amount of the petitioner. They saved the complainant from the accused and took them to the police station. Learned trial Court, on the basis of preliminary evidence, issued summons to the petitioners.
4-B. The evidence of the complainant contradicts, in material particulars, the statement of P.W.2 and P.W.3. The complainant stated that he was saved by the officials of the traffic police, who took them to the police station while P.W.2 and P.W.3 stated that they saved the complainant from the accused and have taken them to the police station. The complainant has stated that the accused were on Toyota Corolla Car, driven by a young boy. It collided with the motorcycle, resulting into injuries on his person. He did not examine himself medically to support his version. The accused were allegedly on car driven by a young boy. His whereabouts were not given. No clue was available about the three unknown persons. The officials of the traffic police were not summoned/examined as witnesses. Who be believed the complainant or his witnesses? Their depositions run contrary to each other.
5. The complainant is an ex-employee of Railway working under Irshad-ul-Haq, Works Manager, Railway. Who had disputes with his wife Mst. Shazia Bibi daughter of Muhammad Yasin accused.
Suit for recovery of maintenance as well as maintenance of minors and Mst. Shazia Bibi was decreed on 1-4-2006 by the learned Judge Family Court, Islamabad. A petition of Irshad-ul-Haq under section 25 of the Guardians and Wards Act and for the recovery of minor daughter is also pending adjudication at Islamabad. Irshad-ul-Haq had also instituted proceedings against Muhammad Yasin under section 9 of Defamation Ordinance, 2002 in the Court of learned District Judge, Lahore. One Raza Hussain has also filed a petition under Defamation Ordinance, 2000 against Mst. Shazia Bibi daughter of Muhammad Yasin.
6. Ghias-ud-Din is purportedly serving the cause of his previous boss, Irshad-ul-Haq. From examination of complaint and preliminary evidence, no offence is made out against the petitioners. Proceedings launched are motivated and will be sheer abuse of process of Court without any of hope of entailing in conviction.
7. For what has been discussed above, this petition is allowed and the proceedings arising out of private complaint titled as "Ghias-ud-Din v. Muhammad Yasin etc." are quashed.