1. ' This petition for quashment of criminal proceedings pending against the petitioners in a Magistrate's Court at Lahore under section 380/448, P. P. C. Was admitted by me on the ground that there was no progress in the case although more than two years had elapsed since its registration.
2. ' A perusal of the record has, however, disclosed that the delay in the disposal of the case did not occur entirely on account of the prosecution's fault. Several adjournments were necessitated by the absence of one or another of the accused persons and some by the absence on leave or transfer of Presiding Officer. In my opinion, therefore, it is not proper in this case to quash the proceedings merely on the ground of delay. There is, however, no other ground on which the proceedings in question can justifiably be quashed.
3. ' The learned counsel for the petitioners contended that the pending civil litigation between the parties was clear proof of malice on the part of the complainant which motivated him to bring the false criminal charges against the petitioners. But the background of the case is a circumstance which it is for the trial Court to take into consideration in the light of the evidence to be adduced by the parties. It is not possible for this Court to hold the petitioners innocent merely on the basis of the alleged malice.
4. ' The learned counsel also sought to prove his clients' innocence by relying upon a certain receipt allegedly issued by the complainant. But the receipt is also a piece of evidence which should be produced before the trial Court in the first place.
5. ' In short there is no substance in this petition and it is accordingly dismissed.