This petition under section 561-A, Cr.P.C. Has been filed for quashment of the proceedings pending before the learned Additional Sessions Judge, Lodhran, in a case punishable under section 17 of the Offences against Property (Enforcement of Hudood) Ordinance, 1979. The F.I.R. Was lodged on 24- 9-1995.On the allegation that taxi of the complainant was snatched on pistol point.
2. Quashment is sought on the ground that the complainant has exonerated the petitioner and has even sworn an affidavit to that effect, which has already been filed in the trial Court. It is submitted by the learned counsel that in view of the exoneration of the petitioner, as stated above, there is no evidence against the petitioner on the basis of which he may be convicted, and hence, the case deserves to be quashed.
3. The petitioner has an alternate remedy to move an application before the learned trial Court under section 265-K, Cr.P.C. For his acquittal on the ground urged before this Court. Whether the complainant has really exonerated the petitioner, and if so, to what extent, will have to be agitated and proved before the learned trial Court. Further, the question whether there is no other material on the basis of which conviction can be recorded, shall also be determined by the trial Court. There does not appear to be any reasonable ground on the basis of which the proceedings may be quashed directly by this Court in the exercise of its extraordinary jurisdiction under section 561-A, Cr.P.C. The petitioner, if so advised, may approach the learned trial Court to seek his acquittal, by making appropriate application.
For what has been stated above, this quashment petition is dismissed in limine.