This judgment will dispose of a criminal revision (Criminal Revision 750 of 1984) filed by Aqeel-ur- Rehman's for the quashment of the order of the trial Magistrate, dated 7-6-1982 acquitting Sh. Riaz- ud-Din under section 249-A, Cr.P.C. Of a charge under section 182, P.P.C. And a petition (Criminal Miscellaneous Revision 179/Q of 1984) filed under section 561-A, Cr.P.C. By Sh. Riaz-ud-Din for the expunction of certain remarks in the judgment of another trial Magistrate, dated 23-2-1983 dismissing his private complaint.
2. The brief facts of the case are that on 6-2-1981, Sh. Riaz-ud-Din filed an F.I.R., at Police Station Ravi Road, Lahore, against Aqeel-ur---Rahman, his son Habib- ur-Rahman, and one unknown person, under section 307/34, P.P.C. For making an attempt on his. Life. The police, during the investigation, found the case to be false and ultimately moved for the cancellation of the case. On 19-7-1981, the Magistrate cancelled the case on the police report. The same day, the S. H.0, Police Station Ravi Road, sent up a challan against Sh. Riaz-ud-Din under section 182, P.P.C. In the Court of Mr. Abdul Hamid Khan Durrani, Magistrate section 3tr, Lahore. On the basis of the said challan, Sh. Riaz-ud- Din was summoned. In the meantime on 30-7-1981, Sh. Riaz-ud-Din filed a private complaint against Aqeel-ur-Rahman, Habib-ur-Rahman and an unknown person under, section 307/34, P.P.C.
In the Court of Mr. Sardar Ali Gorsi, Magistrate Section 30, Lahore. After recording preliminary evidence, the learned Magistrate on 14-3-1982, summoned Aqeel-ur-Rahman and others to face trial under sections 307/34, P.P.C. On 28-3-1982, Sh. Riaz-ud-Din filed an application under section 249-A, Cr.P.C. Before Mr. Hamid Ali Khan Durrani, Magistrate section 30, Lahore, praying for his acquittal, which application was dismissed by the said learned Magistrate on 15-4-1982. On 7-6- 1982, Sh. Riaz-ud-Din filed another application under section 249-A, Cr.P.C. Praying for his acquittal, which application was word for word similar to that filed earlier, without any new grounds shown therein. Without any notice being issued to the accused or to the State, the same day the said application was accepted by Mr. Abdul Hamid Khan Durrani, Magistrate Section 30, and Sh. Riaz- ud-Din was acquitted rafter a lapse or eight months, Aqeel-ur-Rahman and others were acquitted on 23-2-1983 by Mr. Sardar Ali Gorsi, Magistrate Section 30, Lahore, in the private complaint case filed by Sh. Riaz-ud-Din. On 4-12-1983, Aqeel-ur-Rahman filed a criminal revision (Criminal Revision 750 of 1984) against the order of Mr. Abdul Hamid Khan Durrani, Magistrate Section 30, acquitting Sh. Riaz-ud-Din of the charge under section 182, P.P.C. On 11-7-1984, Sh. Riaz-ud-Din filed a petition Criminal M. 179/Q of 1984 under section 561-A, Cr.P.C. For the expunction of an observation made by Mr., Sardar Ali Gorsi, Magistrate Section 30, in his judgment, dated 7-6-1982 that he was a liar, as he was a previous convict under section 420, P.P. C. Which facts eras untrue. Both the criminal revision and the petition under section 561-A , Cr.P.C. Are now before me for disposal.
3. I have heard the arguments of the learned counsel for St. Riaz-ud-Din, Aqeel-ur-Rahman and others and .The State and have also perused the record. I first take up the criminal revision filed by Aqeel-ur-Rahman. It appears that when the Magistrate passed his earlier order of 15-4-1982 refusing to quash the private complaint case, the certified copy of the order of Mr. Sardar Ali Gorsi, Magistrate Section 30, Lahore, summoning Aqeel-ur-Rahman and others to face the trial in the private complaint case, had not been filed with that application. When the same was filed with the second application before Mr. Hamid Ullah Khan Durrani, Magistrate Section 30, Lahore, the said Magistrate accepted the application under section 249-A, Cr.P.C. Because of the reason that the Magistrate had found a prima facie case relating to the same matter and had also summoned the accused to face their trial in that case. Thus, the order, dated 7-6-1982, on the date that it was passed, cannot be stated to be intrinsically illegal, though it would have been legal and proper if the Magistrate had cancelled the case all the ground that it was premature, instead of acquitting the scared under section 249-A, Cr.P.C. Without issuing a notice of hearing to the opposite party. Be that as it may, with the dismissal of Riaz-ud-Din's private complaint, the police case under section 182, P.P.C. Does not automatically revive. Mr. Sardar Ali Gorsi, Magistrate Section 30, had jurisdiction to order the prosecution of Sh. Riaz-ud-Dins, after his private complaint was dismissed. Since he has not done so, no special reason exists for setting aside the order of Mr. Hamid Ullah Khan Durrani, Magistrate Section 30, dated 7-6-1982. Even otherwise it is admitted on both sides that Sh.
Riaz-ud-Din has instituted a Fait against Aqeel-ur-Rahman, etc, for the recovery of over Rupees one Lac, which suit is pending. It appears that there is monetary dispute between the parties and it seems that both the parties have resorted to filing false and frivolous criminal cases against each other. Taking C all circumstances into consideration, I do not consider this to be a fit case in which I should exercise my discretion in favour of Aqeel-ur---Rahman and, therefore, dismiss his revision petition (Criminal Revision 750 of 1984).
4. As regards the petition under section 561-A, Cr.P.C. Filed by Sh. Riaz-ud-Din, it is submitted that the words:- should be expunged from the judgment of Mr. Sardar Ali Gorsi, Magistrate Section 30, Lahore, dated 23-2-1983, on the ground that Sh. Riaz-ud-Din was not convicted in the said case. In this connection, certified copy of the judgment of Malik Nazir Hussain Awan, Additional Sessions Judge, Lahore, dated 22-1-1983, acquitting him in respect of the offence under section 420, P.P.C. Has been placed on the record. It appears that the said judgment, dated 22-1-1983 was brought to the attention of the Magistrate before he announced the judgment, but inadvertantly it was not taken note of by him. Taking all circumstances into consideration, it appears that the remarks:- made by the learned trial Magistrate in the last pars of his judgment dated 23-2-143, are unwarranted. In these circumstances, the petition (Criminal Miscellaneous 179/Q of 1984) filed by Sh. Riaz-ud-Din is accepted and the remarks last quoted above are hereby expunged from the judgment passed by Mr. Sardar Ali Gorsi, Magistrate Section 30, Lahore, dated 23-2-1983.
5. For the foregoing reasons, criminal revision (Criminal Revision 750 of 1984) filed by Aqeel-ur- Rahman is dismissed, whereas the petition (Criminal Miscellaneouse 179/Q of 1984) filed by Sh.
Riaz-ud-Din is accepted, to the extent stated above.