A case under section 302/109, P.P.C. Was registered at Police Station Sangla Hill, for the murder of Muhammad Tufail on 31-7-1977 vide F.I.R. No.137/77. Rana Muhammad Ramzan petitioner was involved in the case. Warrants for his arrest were obtained from the Court. The process-server reported on 2-4-1980 that the petitioner had left Pakistan for Kuwait 4/5 years back. The Court initiated proceedings under section 87/88, Cr.P.C. And attached his immovable property. The petitioner was subsequently tried in the case and was ultimately acquitted of the charge. He moved application before the learned Assistant Commissioner, Sheikhupura for the release of his property. This application was dismissed on 26-1-1988. Feeling aggrieved thereby, he filed appeal, which was also dismissed by the learned Additional Sessions Judge, Sheikhupura on 9-3-1988. He then filed revision in the High Court, which was withdrawn and the present application for quashment under section 561-A Cr.P.C. Was filed.
2. Learned counsel for the petitioner submitted that proceedings against the petitioner under section 87/88, Cr.P.C. Were wrongly initiated in that he had already left to Kuwait. He relied on N.M.V.
Vellayappa Chettiar v. Alagappa Chettiar AIR 1942 Mad. 289. No one has appeared for the State.
3. I have considered the matter carefully. I feel persuaded to agree with the learned counsel for the petitioner. It is in evidence that the petitioner had left Pakistan before the occurrence and was in Kuwait when the warrants for his arrest were issued. This being the position, it could not possibly be said that he had absconded or concealed himself with a view to avoid execution of warrants issued against him. Furthermore, he did appear before the trial Court and faced trial and was ultimately acquitted on 18-1-1989. So there could be no justification to attach his immovable property. The petition is, therefore, accepted and it is directed that his property be restored to him in accordance with law.