1. ' Fakhruddin H. Shaikh, J.--This is an application under section 561-A, Cr.P.C. For quashment of criminal case filed by respondent No, 2 Muhammad Yousuf against the four applicants in the Court of Civil Judge and F.C.M., Tando Adam for offences under sections 387, 344, 420 read with 34, P.P.C.
2. On 19th November, 1978 respondent Muhammad Yousuf filed a direct complaint before Civil Judge and F.C.M., Tando Adam to the effect and he and P.W. Akbar had gone from Karachi to the ginning factory of the applicants to purchase cotton. He had two bank drafts of Rs, 1 lac each. It is further alleged that all the four applicants, who are partners in Madina Cotton Ginners Factory Tando Adam, confined the respondent and P.W. Akbar in a room of the factory for two days and forcibly snatched the two bank drafts of Rs, 1 lac each from him. This had happened on 6th November, 1978.
3. It is alleged that on 9th November, 1978 the respondent and P.W. Akbar were released. Thereafter they both went to Karachi and informed their employer, that is, owners of Farooq Textile Mill Karachi of the incident. It is said that a telegram was sent to the applicants to return the bank drafts, but the same were not returned. Hence the direct complaint on 19th November, 1978 i,e, after ten days of the incident.
4. ' In support of prosecution case, Muhammad Yousuf and Muhammad Akbar, who were the only witnesses of the incident, have been examined. In their evidence they have given versions which are quite inconsistent with the averments made in the complaint. P.W. Yousuf deposes that three drafts amounting to Rs, 2 lac and 39 thousand were snatched from him, whereas in the complaint it is alleged that only two drafts were snatched. P.W. Akbar also deposes that three drafts were snatched by the applicants, that two drafts were for Rs, 1 lac each and third draft was for Rs, 39,000.
5. There is no mention of the third draft in the complaint. He further added some thing absolutely different from the complaint and the deposition of Muhammad Yousuf. He deposes that on the third day the applicants obtained signature of Muhammad Yousuf forcibly on the acknowledgment of gate pass for delivery of 50 bales of cotton pertaining to lot No,
6. This fact has neither been stated by Yousuf in his deposition nor in his complaint. From the evidence of these two witnesses it appears that they were kept in a room in which there were windows which were kept open. It is not their case they were physically restrained from going out of the room. If the doors were closed nothing prevented them from going out of the room through the windows. The evidence of these witnesses does not inspire confidence at al I ' Moreover the version of the complaint is falsified by a civil suit which has been filed by Farooq Textile Mill through P.W. Muhammad Akbar in the Court of Senior Civil Judge, Shahdadpur in respect of amount of the same drafts of Rs, 2 lac which are subject-matter of the criminal case. In the plaint it is clearly admitted that 50 bales of lot No, 6 had been delivered to Farooq Textile Mill. In his deposition P.W. Akbar has alleged that acknowledgment on the gate-pass about delivery of 50 bales of lot No, 6 were forcibly obtained by the applicants from F.W. Yousuf without actually giving the delivery. Moreover Akbar does not state that any threat of dire consequences was given either to him or to complainant Yousuf as mentioned in the complaint.
6. From the plaint, a certified copy of which has been filed as Annexure 'D with the petition, it appears that the parties had been dealing in sale and purchase of cotton and that there was dispute between them over the price of cotton. The criminal case appears to have been filed with the intent to coerce the applicants to make payment to Farooque Textile Mill of the amount which is subject- matter of the Civil Suit.
7. ' The conduct of the complainant in not approaching the Police at Tando Adam or at Karachi after the incident further proves that the complaint is false and frivolous. Had the applicants, who are partners in a Cotton Ginning Mill, committed such a heinous crime, then the complainant and his companion Muhammad Akbar could have approached the police at Tando Adam after they were released on 9th November, 1978. But they did not take any action for 10 days. Even after 10 days direct complaint was lodged in which no reason has been assigned as to why the complainant, that is, respondent No,2 and Muhammad Akbar remained silent for 10 days.
8. From the evidence it is clear that the false complaint has been filed with some ulterior motive and that criminal case is liable to be quashed because on the basis of the evidence as discussed above, the case is not likely to end in conviction. I am satisfied that continuance of the criminal case against the applicants would amount to abuse of process of law.
9. ' The application is, therefore, allowed and the criminal proceedings in Case No, 258/78 pending in the Court of Civil Judge and F.C.M., Tando Adam against the four applicants for offences under sections 387, 343, 420 and 34, P.P.C. Are quashed.