This is a petition under section 561-A, Cr.P.C. By Seth Muhammad Jahangir, Seth Muhammad Munir and Seth Muhammad Saeed, petitioners Nos. 1 to 3, for the quashment of criminal proceedings pending against them and two others under section 406/420/34, P.P.C. In the Court of Mr. Matloob Khan, M.I.C., Okara.
2. The brief facts leading up to this petition are that on 1-1-1987, Muhammad Liaqat, respondent No. 2, filed a private complaint against Seth Muhammad Jahangir and his two brothers, petitioners Nos. 1 to 3, and two others under sections 406/420/34, P.P.C., before Mr. Matloob Khan, Ilaqa Magistrate, Police Station Chuchak, District Okara. Respondent No. 2 alleged in the complaint that Muhammad Javed arrayed as accused No. 1 was known to the complainant; that he went to his- village and after staying for a night there in Basti Keesa, suggested that he if wished to send somebody to Saudi Arabia, he (the accused Javed) could arrange it; that thereupon the complainant taking Rs.25,000 came to Lahore along with two witnesses (Muhammad Akram and Muhammad Ali), where he was introduced to the present petitioners and Mushtaq Ahmad (accused No. 5 in the complaint); that the present petitioners allegedly approved the statement of accused No. 1 Javed; that accordingly Rs.25,000 was paid to Muhammad Javaid; that the complainant was then asked to come after fifteen days, whereafter he came, asking for his money back, or to be sent abroad as promised, but that the accused having given him no heed, he went to the police station where nobody helped him and lastly that it was thereafter that he was constrained to file the present complaint in the Court of the Ilaqa Magistrate. After recording preliminary evidence, the Ilaqa Magistrate, Okara, summoned the petitioners on 6-1-1987 to face their trial under section 406/420/34, P.P.C.
3. It is the case of the petitioners that they are not known to Muhammad Liaqat, respondent/complainant, at all, but that the case has been trumped up by their brother-in-law Muhammad Akbar, who has been having certain disputes with another brother-in-law of their's, namely, Haji Muhammad, and since the petitioners had been supporting Haji Muhammad, the said Muhammad Akbar in order to bring pressure to bear upon the petitioners had contrived with Muhammad Liaqat, respondent, to have the private complaint lodged against them. Being aggrieved by the initiation of the case against them, the petitioner filed a quashment petition in the High Court, which is now before me for disposal.
4. Sardar Muhammad Akram, Advocate, appears for the petitioners Mr. Irshad Ahmad, Advocate, appears for the State. At the last hearing Mr. Naseer Ahmad, Advocate, appeared for the complainant. Today he has left a note with the Reader that he is unwell and that the case may be adjourned. I am afraid I cannot adjourn this case.
5. I have heard the arguments of the learned counsel for the petitioners and the State. The allegations set out in the private complaint relate to fraud and misrepresentation made by the petitioners and their two companions to cause or induce Muhammad Liaqat, respondent, to emigrate or leave Pakistan with a view to emigrate. Under section 18(b) of the Emigration Ordinance, XVIII of 1979, whoever by means of intoxication, coercion, fraud or wilful misrepresentation causes or induces, or attempt to cause or induce, any person to emigrate, or enter into any agreement to emigrate, or leave any place with a view to emigrate, is punishable with imprisonment for a term which may extend for fourteen years, or with fine, or with both. Under section 24 of the said Act Special Courts are set up by the Federal Government for purposes of trying offences punishable under the said Ordinance and offences punishable under the said Ordinance are exclusively triable by such special Courts. Since the offences referred to by Muhammad Liaqat, respondent, compositely are those falling under section 18(b) of the Emigration Ordinance, the case is, therefore, not triable by the Ilaqa Magistrate, Okara, but by the Special Judge appointed under the said Ordinance. The trial of the case by the Ilaqa Magistrate is without jurisdiction.
6. For the foregoing reasons, this petition is accepted and the proceedings arising out of the private complaint filed by Muhammad Liaqat, respondent No. 2, against Seth Muhammad Jahangir and others, petitioners Nos. 1 to 3 and two others pending in the Court of Mr. Matloob Khan, Ilaqa Magistrate, Okara, is hereby quashed.