1. This is an application for the quashment of the proceedings pending under section. 420, P. P. C. In the Court of the Extra-Joint Sub-Judge, and 1st Class Magistrate, Larkana. The applicant is resident of Karachi while the respondent is resident of Larkana District.
2. On 1-4-1970 the respondent Ali Gohar Shaikh filed a complaint in the Court of the District Magistrate who transferred the complaint to Extra Joint Sub-Judge and 1st Class Magistrate, Larkana for disposal according to law. The-learned Magistrate recorded the statement of the complainant under section 200 and thereafter he held the preliminary inquiry and issued process under section 420, P. P. C. Against the applicant.
3. The allegations in the complaint were that the respondent and one Hanif Ahmed were on friendly terms. In October 1969 Hanif Ahmed accompanied the applicant visited the complainant in connection with hunting. During the course of their stay the applicant said that he was the General Secretary of Kasimabad Housing Society and had the authority. To allot plots for the construction of houses. As the respondent also needed a plot he requested; the applicant to allot one plot to him whereupon the applicant agreed to allot a plot measuring 100 sq. Yds. Standing in his own name.
4. The price was settled at Rs. 2,500 which was immediately paid to the applicant in presence of Hanif, Punhal and Anwar. Thereafter the respondent visited Karachi in February 1970 and the applicant gave him allotment order dated 17-8-50 issued by Kasimabad Society allotting Plot No. 74 measuring 100 sq. Yds. In favour of the applicant. If was further stated that the applicant also showed the vacant plot to the respondent. Photostat copy of the allotment order was filed with the complaint. The applicant assured the respondent that the plot belonged to him and he would make necessary arrangements for the transfer of the plot in the name of the respondent. However, the respondent made independent inquiries through Fateh Ali and it was revealed that the plot already stood in the 'name .Of one Pirbux and, therefore, the applicant had cheated him. So the respondent contracted the applicant but the applicant got annoyed and refused to return the money.
5. The present application was made to quash these proceedings on the ground that a false case had been filed at the instance of Ehsanul Haq against whom the applicant had filed complaint under section 468, P. P. C. Which was pending. It was further pleaded that the applicant had never gone to Larkana but he was all along at Karachi and in order to support this he produced some documents. It was further pleaded that Plot No. 74 originally stood in the name of the applicant but it was long before sold to one Pirbux who had raised construction over it in 1953 and he was living with his family in that house. The land occupied by Kasimabad Housing Society was owned privately by one Abdul Rehman Kassim who divided the land into small plots and allotted those plots to various persons in 1951 while the Society was formed and registered in 1952 and the Society did not hold any right of allotment and therefore, the question of allotting the Plot No. 74 in favour of the respondent Same contentions were raised before me by the learned counsel for the applicant. On consideration of these contentions it will since to say that at this stage it is neither possible nor desirable to determine the, truth and the falsity of the allegations made in the complaint or the pleas taken by the applicant. The applicant shall have ample opportunity to defend the proceeding and vindicate his position when the trial takes place. The learned, Magistrate had held a preliminary inquiry and finding it to b prima facie case issued process. In this connection it would be advantageous to refer to to authorities of the Supreme Court reported in PLD 1967 SC 317 and
354. Keeping in view the principles laid down in these to authorities I find no substantial reason to quash the proceedings.
6. In the result I dismiss the application.