Through this petition, Mst. Aman Mai and two others accused/petitioners want this Court to quash proceedings in complaint under Section 506, P.P.C. Pending decision before Magistrate Ist Class, Bahawalpur. The learned counsel for the petitioner mainly. Submitted that the allegations levelled against the petitioners and co-accused in the complaint accepted at its face value, no offence punishable under section 506 is made out and as such the proceedings amount to an abuse of the process of Court. The learned counsel for the respondent has tried to support the action taken by the Magistrate in the complaint. He was of the view that since the petitioners and their co-accused had threatened the complainant with death, therefore, they were rightly summoned under Section 204 Cr.P.C. To face the trial and the proceedings pending against them are quite legal.
2. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with learned counsel for the petitioners. The allegations levelled against the petitioners and co-accused in the complaint may be re-produced advantageously:-
3. An examination of the aforesaid allegations shows that the threats allegedly extended by the petitioners were not conditional and as such it is a case of threats simpliciter. The criminal intimidation has been defined in Section 503 of P.P.C. Which reads as under:-- "503, Criminal intimidation. Whoever threatens another with an injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation."
Since in the case in hand, the petitioners have not given threats with intent to cause alarm to the complainant or to cause him to do act which he was/is not legally bound to do or to omit to do any act which he was/is legally entitled to do as the means of avoiding the execution of such threats, so no case for the trial of the petitioners on the charge of criminal intimidation is made out.
4. That being the position, there is no option but to quash proceedings against the petitioners and co-accused as being abuse of process of Court.