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K.L.R. 1996 Criminal Cases 625

HAMIDA BIBI, Etc. vs THE STATE

CitationK.L.R. 1996 Criminal Cases 625
CourtLahore High Court
Case No.Crl. Misc. No. 104-Q of 1993
Date1995-10-01
Judge(s)Rana Muhammad Arshad Khan
ResultN/A

JUDGMENT RANA MUHAMMAD ARSHAD KHAN, J.- This petition has been filed under section 561-A, Cr.P.C, for the quashment of the proceedings pending before the llaqa Magistrate in cases FIR No. 233/92, dated 13.12.1992 registered against the petitioner under section 419/420 PPC with Police Station, Zafarwal District Narowal.

2. The brief facts of the case are that petitioner No. 1 was the owner of a plot measuring 10 marlas situated in Mauza Zafarwal District Narowal. She executed an agreement to sell on 19.10.1992 in favour of Muhammad Rafiq for consideration of Rs. 1,43.000/-. The suit on the basis of the said document was filed by Muhammad Rafiq in the Civil Court and the same was decreed on 2.2.1993.

A case FIR No. 233 '92. Dated 13.12.1992 was registered under section 419/420 PPC at the instance of one Abdul Latif, the complainant, claiming therein that Mst. Flamida, petitioner No. 1 herein, had entered into an agreement to sell of the said plot to him on 30.10.1992. Abdul Latif, complainant herein, also filed a civil suit against the petitioner and Muhammad Rafiq on the basis of this agreement dated 30.10.1992. The said suit was dismissed vide judgment and decree dated 24.1.1993. The aforesaid Abdul Latif. preferred an appeal against the said judgment and decree which was also dismissed vide order dated 8.12.1994 passed by the learned District Judge, Narowal.

No further appeal or revision has 'been statedly filed so the said order attained the finality.

Meanwhile, the Investigating Officer after completing the investigation of the aforementioned criminal case filed the challan in the Court against. Mst. Hamida etc. The petitioner herein which is pending adjudication and the proceedings of which have, been impugned herein in the instant petition.

3. I have heard the learned counsel for the petitioners as well as the learned Assistant Advocate- General at a considerable length. After the perusal of the record I have come Jo the conclusion that in view of the circumstances of the case an alternate remedy by way of filing a petition under section 249-A, Cr.P.C, is available to the petitioners so they may file an application under section 249-A, Cr.P.C, if so advised.

4. This petition stands disposed of accordingly.

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