1. ' This is an application under section 561-A, Cr.P.C. For quashment of proceedings under sections 406, 420, 506(2), P.P.C. Pending against the applicant before the Resident Magistrate, Kandiaro.
2. ' The brief facts of the case are that on 28-9-1986, one Noor Muhammad son of Haji Mahi Khan Rajpar filed a direct complaint against the applicant before the Resident Magistrate, Kandiaro, inter alia alleging therein that accused Masood Saleem Khan is known to him for the last 15/20 years and is on friendly terms with him. They are on visiting terms with each other. About a month before filing of the complaint, accused came to complainant at village Mohabat Dero and told him that he had come to meet his relation at Mehrabpur. He further told him that when he was coming from Karachi, complainant's brother Qadir Bux who is doing business in Karachi met him and told him that he needed Rs,30,000, which he should bring from his brother/complainant. Accused asked the complainant to give this amount so that he may deliver it to his brother. The complainant having faith in the accused handed over Rs,30,000 as trust to the accused for delivering the same to Qadir Bux, and the accused promised to deliver the same to him. This amount was paid in presence of witnesses Imam Bux and Yar Muhammad. That after about a week Qadir Bux came to the village, when complainant inquired about the money, on which Qadir Bux showed ignorance and told him that he had not asked the accused to bring money. Then complainant and his witnesses went to the accused, who apologised and promised to return the amount after a week. That after a week complainant again went to the accused who refused to make payment, on this there was exchange of hot words between them, and accused took out his revolver, abused the complainant and his witnesses and told them to disappear otherwise he will kill them there and then. The learned Magistrate after holding P.E. And examining witness Imam Bux issued process under sections 506(2), 420 and 406, P.P.C. And bailable warrants in the sum of Rs,5,000 were issued against the applicant. Hence this quashment - application.
3. ' I have heard Mr. Azizullah K. Shaikh, learned counsel for the applicant and Mr. Rashid Tariq Khan learned counsel for the State.
4. ' The contention of Mr. Azizullah K. Shaikh is that the applicant, his mother and brother are legal heirs of Dr. A. Saleem Khan who died recently. Deceased Dr. A. Saleem Khan was tenant of Abdur Rehman son of Sardar Fateh Khan Rajpar in respect of house bearing No,172/C, Block 'C' North Nazimabad, Karachi, at monthly tenancy of Rs,2,000. The said landlord resides at Cheeho near Padidan, District Nawabshah. Since the death of the applicant's father, the landlord has been pressurising applicant and his family members to vacate the above premises. He had even gone to the extent of issuing threats of using physical force on which the applicant, his brother and mother moved an application before Deputy Commissioner, Karachi, West on 30th September, 1986 requesting for protection. He has further contended that offence under section 506(2), P.P.C.
5. Was distinct than the offence under section 402/406, P.P.C. And they could not be joined in one complaint. He has further contended that even according to complainant offence under sections 406 and 506(2), P.P.C. Were committed at Karachi, and therefore, the Magistrate had no jurisdiction to issue process against the present applicant. That the applicant is a respectable doctor and is a specialist. The case against him is false and has been filed on the instance of Rais Abdul Rehman his landlord.
6. ' Mr. Rashid Tariq Khan, learned counsel for the State has contended that in view of above factual as well as legal position, he is not in a position to defend the order of the piocess issued by Resident Magistrate, Kandiaro.
7. ' I have considered the contentions of learned counsel, and have also gone through R & P of the case.
8. ' It is an admitted position, that the applicant is a doctor and is foreign-qualified Pathologist. He has his own laboratory on Abdullah Haroon Road, Karachi. The applicant has produced photo copy of application dated 30th September, 1986, addressed to Deputy Commissioner Karachi, West, which shows that the applicant, his mother, and brother apprehended danger at the hands of their landlord Rais Abdul Rehman Rajpar. The offence under section 506(2), P.P.C. Is alleged to have been committed at Karachi and it being distinct offence than the offences under section 420/406, P.P.C. And allegedly having been committed at Karachi, the Resident Magistrate had no jurisdiction, to issue A process for the said offence. Likewise offence under section 406, P.P.C. Is alleged to haVe been committed at Karachi inasmuch as the amount of Rs,30,000 is alleged to have been entrusted to the applicant for paying the same to Qadir Bux brother of the complainant at Karachi, and therefore, the breach of trust, if any, was committed at Karachi and as such learned Magistrate committed illegality by issuing process under section 406, P.P.C. Against the applicant.
9. So far as the offence under section 420, P.P.C. Is concerned, the story as given in the complaint appears to be absurd and unnatural. The applicant being a responsible doctor, it was unnatural for him to go to a village situated at a far-off place and cheat the complainant. Even P.W. Qadir Bux who is said to be brother of complainant has , not been examined in P.E. It appears that the Magistrate has passed the impugned order mechanically without applying his mind to the facts of the present case.
10. ' In view of the above discussion I am of the considered view that no case was made out against the applicant and the complaint appears to be false on the face of it.
11. ' Under these circumstances the proceedings pending before the Resident Magistrate, Kandiaro in Case No, 151-A of 1986 Haji Noor Muhammad v. Masood Ahmed under sections 420, 406 and 506(2), P.P.C. Are hereby quashed.
12. ' The learned Resident Magistrate is hereby warned to be cautious in future in issuing process in such direct complaints.