1. ' Applicant abovenamed has filed the above petition under section 561-A, Cr.P.C. In respect of the quashment of the proceeding pending against him, in shape of case No,C/61 of 1979. State v.
2. Muhammad Abbas in the Court of A.C.M. Court No:5 Karachi under section 430, P.P.C. On the following facts and grounds:- The complainant Abdul Rehman Brohi had lodged the following complaint at the Manghopir Police Station: "Last day on 11th November, 1979, it did come to our notice that one Muhammad Abbas resident of Karachi with the collaboration of Shahji Khan Badshah and Afzal, who claim to be his employees has tampered the 10" dia.Asbestos Cement water pipe-line which was laid exclusively for Sultanabad Town which is Sole Property of Sultanabad Co-operative Housing Society Ltd., and taken illegal and the unauthorised water connection. They opened the connection and fixed the Stopcock of 1" dia. And drawing illegal water since time is not known.
3. ' They have covered the connection and have put earth and cement blocks to cover the same.
4. Besides they had started illegal construction of compound only over the pipeline which will further charge the pipeline. They have also constructed one room which the Government land as well as on Highway property. It is therefore requested that immediate inspection of the site where the illegal and unauthorised connection is made and legal action be taken against the culprits."
5. ' Applicant abovenamed moved an application under section 249-A, Cr.P.C. For his acquittal before the learned trial Court, and said application was rejected by the learned trial Court, vide order dated 23rd December, 1981 and consequently applicant has filed the above petition for quashment of the said proceedings, on the grounds mentioned in the memo, of petition.
6. ' The learned Advocate for applicant in support of above petition submitted as under:-
(a) F.I.R. In question does not disclose commission of offence under section 430, P.P.C. At all.
(b) Complainant was not competent to file complaint.
(c) That on same facts, the other' co-accused were not challaned at all and no process was issued by the learned trial Court.
(d) No P.W. Has stated he saw applicant disconnecting the water-connection.
(e) That civil litigation was pending between complainant and applicant, at the time of lodging of F.I.R. And as scuh entire proceedings were initiated mala fidely and cannot lead to conviction of the applicant.
7. ' Learned Advocate appearing for the State, at the outset submitted, that he was supporting the above petition for quashment on account of the facts that F.I.R. Does not disclose ingredients of section 430, P.P.C. At all and as such the proceedings cannot lead to the conviction of the applicant.
8. ' I have carefully considered the above submissions made by learned Advocate for applicant and R & P of the learned trial Court and impugned order of the learned trial Court by which applicant's application under section 249-A, Cr.P.C. Was rejected.
9. I find great force in the contention of the learned Advocates before me after careful reading of F.I.R.
10. In question, that the same does not disclose any ingredients of offence under section 430, P.P.C.
11. Against the applicant and as such continuance of said proceedings would amount to abuse of the process of the learned trial Court, specially in view of Civil litigation between the parties in respect of said pipeline, by way of Suit No, 1032 of 1979, pending in this Court.
12. ' Therefore I allow the above petition and quash the proceedings pending against the applicant in shape of Case No, C/61 of 1979 State v. Muhammad Abbas, in the Court. Of A.C.M. Court No,5, Karachi under section 430, P.P.C. And discharge the bail bonds executed by applicant in said proceedings.