This is an application by Riat Ali, under section 561-A, Cr. P. C. for the quashment of proceedings against him pending in the Court of Mr. Muhammad Zaman, Assistant Commissioner, Vehari, District Multan.
2. The facts of the case are that on 12th of June 1971, a report under section 363/366/368/376, P. P. C. was lodged by one Abdul Aziz at Police Station Burewala, that bis daughter Mst. Khurshid Bibi was abducted by Mst. Paris and her brother Hakim Ali, about twenty days earlier. Mst. Khurshid Bibi was subsequenty recovered and produced before a Magistrate where her statement was recorded under section 164, Cr. P. C. That statement has been placed on the record as Annexure 'B\ It is contended by the learned counsel that although Mst. Khurshid Bibi has given details of the occurrence in that statement. She has not mentioned Riat Ali as one of the culprits. The learned State counsel, who has gone through the statement of the girl, has admitted that Mst. Khurshid Bibi has not mentioned the petitioner as one of the accused persons. He has admitted further that as the abductee does not mention him as an accused person he is not likely to be convicted by the trial Court. In this view of the matter the trial, as far as the petitioner is concerned, will only amount to an abuse of process of law and cause unnecessary harrassment to him. The case, as far as the petitioner is concerned, is therefore quashed. It may however proceed with regard to the remaining accused person. .