1. ' KHAWAJA NAVEED AHMED, J.---Mst. Shahida Begum applicant No.1 is present in person. She states that her brother Aftab Alam, who is applicant No.2 is not well and as such, was unable to travel from Karachi to Hyderabad. She requests that absence of Aftab Alam may be condoned and matter may be disposed of after hearing her even on behalf of her brother Aftab Alam.
2. ' Muhammad Ramzan respondent No.1 though served is not present today in the Court.
3. ' Mr. Rasheed A. Qureshi, Assistant A.G. Sindh is present on behalf of State.
4. ' This is an application for quashment of proceedings initiated on the basis of private complaint filed by complainant Muhammad Ramzan in the Court of 1st Judicial Magistrate Nawabshah under sections 420, 406, 506(2), P.P.C. The learned Magistrate after examining the complainant and his two witnesses has passed an order under section 204, Cr.P.C. And had issued process against the accused persons. No date has been mentioned in the order passed under section 204, Cr.P.C. By the Magistrate.
5. ' I have perused the contents of private complaint filed by Muhammad Ramzan. He had alleged in the complaint that he had friendly terms with Mst. Shahida and Aftab Alam, earlier they used to reside in Nawabshah and now have shifted to Karachi. He had stated that about six months ago he had given Rupees one lac to both the accused persons for supply of second hand tyres to the complainant and they promised that they will supply second hand tyres to him within fifteen days.
6. He alleged that the said amount was paid in presence of Sattar Jamali and Hameed Lorik. The complainant had further alleged that after fifteen days he had met with accused persons at Karachi for supply of tyres. They failed to supply the tyres to him and had kept him on hollow hopes.
7. He further alleged that seven days ago both the accused came at Nawabshah at his shop, they abused him and threatened to him of dire consequences if the complainant again demanded the tyres or amount from them. He further alleged that accused No.1 Aftab was duly armed with pistol.
8. ' Mst. Shahida Begum the applicant No.1 in this petition has addressed this Court in person. She has stated that she was widow and she had five daughters from her first husband; she was introduced with one Amir Bux Lashari of Nawabshah by some common friends. Amir Bux Lashari had proposed for marriage to her and they were married. She said that she along with her five daughters continued to live at Karachi and had visited Nawabshah occasionally. Subsequently, she found that Amir Bux Lashari is not a good man and he had bad eye on her daughters from her previous husband, who are Syed by caste. She states that feeling the foulplay she approached the Court at Karachi and had obtained Khula from the Court of IInd Family/Civil Judge and Judicial Magistrate, South Karachi in Family Suit No.510/2004. She has produced copy of the decree, dated 4-4-2005 passed by the Court, which is ordered to be kept on record of this file. She further states that after the divorce her Ex-husband Amir Bux Lashari has started a campaign of harassment against her and her poor brother Aftab Alam who is a sick man. She states that she is a woman and it is very difficult for her to travel to Nawabshah to attend the Court on each date of hearing.
9. ' Mr. Rasheed A. Qureshi frankly supports the contentions raised by Mst. Shahida and he further states that this is a case of harassme nt where the Magistrate has misused his powers to harass a lady, who is living in Karachi to attend the Court at Nawabshah along with her brother, who is aged about 45 years. Mr. Qureshi further states that perusal of the contents of the complaint shows that it is a civil case of recovery of Rs.1 lac from the accused persons. He further says that the contents of the private complaint prima facie show that the private complaint is false and has been filed with mala fide intention and ulterior motives. He has further requested that stern action should be taken against the Judicial Magistrate, who has shut his eyes and issued a process against a woman living at Karachi to attend Nawabshah in a private complaint. He further says that ingredients of section 420 and 506(2), P.P.C. Are not made out from mere reading of the direct complaint. Which most probably has been typed in hurry to get the process issued from the Court to a divorced wife by her ex-husband.
10. I have heard the petitioner No.1 and learned A.A-G. And have perused the contents of the direct complaint as well as order of the Magistrate.
11. ' I am in agreement with the learned Assistant Advocate-General A Sindh that the contents of the direct complaint do not make out any criminal offence against the accused. I personally feel after hearing Mst. Shahida Begum and perusing the order of the Family Court in Family Suit No.510/2004 that this is a false case, which has been filed only in order to harass the ex-wife.
12. ' It has become a practice that certain influential people in order to take revenge from, their rivals, inimical relatives or other business partners file private complaints in the Court in interior of Sindh in order to harass them malafidely for ulterior motives. This case in hand is exactly a case of same nature.
13. In-the present case the Ist Civil Judge and Judicial Magistrate Nawabshah has misused his powers, he has not applied his judicial mind while registering the case. He has not even thought for a second that he is issuing bailable warrants against a woman, who is living at Karachi to attend the Court at Nawabshah. The Judicial Magistrate while registering this case has exceeded his powers. No case under sections 420, 506(2), P.P.C. Is made out. This is a clear case of harassment of an ex-'wife.
14. ' I hereby quash the proceedings in direct complaint Case No.204 of 2004 against Aftab son of Ghulam Muhammad and Mst. Shahida daughter of Ghulam Muhammad. The Judicial Magistrate Syed Zahid Hussain Shah is warned to be careful in future.
15. ' The copy of this order be sent to Member Inspection Team, Sindh High Court Karachi with a direction to summon the file of direct complaint Case No.204 of 2004 from the Court of 1st Judicial Magistrate Nawabshah and place it before the Honourable Chief Justice with his comments for appropriate action against Judicial Magistrate Mr. Zahid Hussain Shah.
16. ' The Criminal Miscellaneous Application No.S-18 of 2007.