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1996 P Cr. L J 72

MAHMOOD AHMAD vs THE STATE

Citation1996 P Cr. L J 72
CourtLahore High Court
Case No.Criminal Miscellaneous No, 293/0 of 1995
Date1995-08-24
Judge(s)Rao Naeem Hashim Khan
ResultPetition dismissed

ORDER

' Petitioner has sought quashment of criminal proceedings in case titled The State v. Mahmood Ahmad pending in the Court of Additional Deputy Commissioner (G), Gujrat through this petition under section 561-A, Cr.P.C.

2. Briefly stating the facts that the petitioner filed an application under section 249-A, Cr.P.C. Before Additional Deputy Commissioner (G) Gujrat, which was dismissed on 12-10-1993. That order was assailed through criminal revision before Additional Sessions Judge, Gujrat, which was also dismissed on 19-4-1995. Feeling aggrieved hence this petition.

3. It is submitted by the learned counsel that even if all the allegations levelled in the F.I.R. Are accepted to be true, it does not make out any case either under section 298-C, P.P.C. Or 188, P.P.C.; that no offence is made out in this case at all that proceedings before the trial Court are nothing, but only abuse of process of the Court; that the concurrent findings of two Courts below are based on wrong assumption of law and liable to be set aside.

4. I have heard the arguments and gone through the file. Petitioner filed criminal revision in the Court of Additional Sessions Judge, Gujrat against the order of trial Court, dated 12-10-1993, passed on petition under section 249-A, Cr.P.C. Instead of invoking the jurisdiction of this Court under section 561-A, Cr.P.C. Petitioner should have approached this Court, just after decision on application under section 249-A, Cr.P.C. So, petition under section 561-A, Cr.P.C. Is not maintainable.

Moreover, keeping in view the F.I.R. And statements of Muhammad Yamin and Ikram Ullah P.Ws. The two Courts below have not committed any material irregularity or illegality, while passing the orders dated 12-10-1993 and 19-4-1995 respectively. I am not inclined to interfere in the concurrent findings of the two Courts below. This petition has no force and is dismissed in limine.

Cited by 2 cases

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