1. MUHAMMAD YAQUB ALI, Actg. C. J.-A case was registered against the petitioners under section 364/380, P. P. C. At the Police Station, Kupp, Multan, under the directions of a learned Judge of the erstwhile High Court of West Pakistan. Investigation was undertaken by the Crimes Branch Police which found the petitioners innocent and consequent upon it the case was cancelled.
2. Thereafter the respondent filed a private complaint in the Court of a Magistrate against the petitioners under section 364/380, P. P. C. For kidnapping his daughter Mst. Sughran so that she may be murdered and for theft. After recording the statement of the complainant and preliminary evidence produced by him, the Magistrate formed the opinion that there was sufficient ground for proceeding with the complaint and issued summonses to the petitioners under bailable warrants.
3. Aggrieved by the order of the Magistrate, the petitioners moved the High Court under section 561, Cr. P. C., for quashment of the proceedings on the ground that the Police had already held investigation in the case and found them innocent. The petition was dismissed by a learned Judge in the view that none of the conditions for quashment was made out. The complaint did not suffer from any legal defect, the Court which summoned the petitioners had, jurisdiction in the matter and it was not shown that the prosecution was mala fide. Nor the respondent was, in law, precluded from filing a private complaint after the petitioners had been discharged on the report made by the police.
4. The petitioners seek leave to appeal reiterating the plea that in view of the report submitted by the Crimes Branch on which the petitioners were discharged and the case registered against them was cancelled, the Magistrate ought not to have summoned them. On the statement made by the complainant, father of the abductee, and the preliminary evidence, the trial Court has so far formed the opinion that it is a fit case for further proceedings. Unless sufficient material is brought on the record by the defence to indicate that the charge against them is false or that the complaint is mala fide it would be unjust to dismiss the complaint without having examined the evidence which the complainant proposes to lead in support of the accusations contained in it.
5. No proper, ground was, therefore, made out for quashment of the proceedings against the petitioners.
6. The petition is dismissed.