1. I propose to dispose of Criminal Miscellaneous Application No. 770/1979, Criminal Miscellaneous Application No. 856/1979 and Cr. Miscel--laneous Application No. 948; 1979 by this single order. I have heard Mr. Imam Ali Kazi, Mr. Imran Ahmed and Mrs. Salima Nasiruddin.
2. The brief facts are that Shahid Ali Siddiqui has filed three separate complaints, the nature of which is stated below:-
(1) Complaint before Additional City Magistrate, Civil Lines, and Clifton, Karachi against Gulzar Muhammad under section 468, P. P. C.
(2) Complaint before Additional City Magistrate, Civil Lines Karachi against Gulzar Muhammad and Mst. Saghira Begum under section 497/498, P. P. C., and
(3) Complaint before Additional 'City Magistrate, Clifton, Karachi against Gulzar Muhammad and Mst. Saghira Begum under section 403/406/383/385 P. P. C.
3. It seems all the three complaints were dealt with by the Magistrate simultaneously. The learned Magistrate recorded a single statement under section 200, Cr. P. C. And directed issuance of process. To that extent it is common ground that the method of dealing with the cases was no warranted by the Code of Criminal Procedure. Admittedly there was no application or motion or order for a joint trial of all the three case and in such circumstances it was incumbent upon the Magistrate to have recorded statements under section 200, Cr. P. C. In the three cases separately, moreso as the allegations and facts in each one of these three cases are different.
4. On such point the only order which is merited in these cases is one of quashment of the issuance of process which I do. The process in these cases is quashed but the matters shall be taken up afresh by the Magistrate who would be dealing with these cases and such Magistrate shall record statement of the complainant under section 200, Cr. P. C. In each one of these cases.
5. Mr. Imam Ali Kazi has attempted to persuade me to take the v'-w that on facts no offence is indicated in these complaints. I am afraid I cannot agree with him as in each one of these complaints allegations have been made which may be proved to be true, so that a conviction could result. It cannot be said that these complaints do not disclose any offence. Moreover on the scanty material, which is available on the record, I cannot come to the conclusion that no case absolutely was made out against the applicants accused so as to merit an order of quashment of proceedings.
6. These applications are allowed to the extent indicated in the foregoing paragraphs.