1. ' ABDUL HADI KHOSO, J.---This is Criminal Miscellaneous Application filed under section 561-A, Cr.P.C. On behalf of the applicant Ghulam Siddique Soomro. The brief facts of the F.I.R. Are that un city survey Plot No,754, area 2/1-2 Ghunta Deh Johi was duly prepared and was already entered in Form-II in the name of Balo Khan son of Muhammad Azam Rind and such entry was kept in the year, 1991 and allegation against the present application is that he issued certified true copy of the same on 8-1-2002 while he was Assistant Mukhtiarkar.
2. ' The learned counsel for the applicant states that he has committed no offence. He has issued a certified true copy of record which was already existed and it was his official duty to issue the same. There is no bar on issuing such copy and wrongly his name has been given in the F.I.R. As accused. He states that the case has been challanged as Special Case No,36 of 2005 and now is pending in the Court of Special Judge Anti-Corruption (Province) Hyderabad. The F.I.R. Was registered on 1-4-2004, challan was submitted on 11-7-2005 yet the charge has not been framed by the Court of Special Judge, Anti-Corruption and the applicant is regularly attending the Court without any progress in the case and some of the accused are still absconders and there is no evidence at all against the applicant to connect him with the alleged offence on participating or committing the same. He contends that issuance of certified true copy of record was his bona fide and official duty and was not an offence. He fastly contended that proceedings of the Special Case No,36 of 2005 be quashed.
3. ' The learned D.P.G. Has opposed the quashment of proceedings on the ground that name of applicant appears in the F.I.R. And he was responsible for the alleged forgery in the record.
4. ' I have applied my mind, heard both the learned counsel and perused the instant application as well as F.I.R., Challan and the impugned order passed by Special Judge twice in this case, whereby he dismissed the application under section 249-A, Cr.P.C. Filed on behalf of the applicant. As no material has been collected against the applicant, only the allegation is that he issued a certified true copy of a record which was already prepared in the year, 1991 and was existing therefore, there is no allegation of making forgery in the record and making any false entry in the record but only allegation is that he issued the certified true copy on 8th January, 2002. On this allegation, he has suffered from the year, 2005 till date and is regularly attending the trial Court, and it appears that there is no allegation of committing any offence, so in my opinion there is no probability of conviction of the applicant and the case is fingering on and if the same continued, it would amount to abuse of process of the Court, I therefore, allow this application and the proceedings against the applicant in Special Case No,36 of 2005 borne out of Crime No,3 of 2004 P.S. ACE Dadu are hereby quashed.