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2000 P Cr. L J 857

MUHAMMAD WAKEEL vs THE STATION HOUSE OFFICER, POLICE STATION SADAR,

Citation2000 P Cr. L J 857
CourtLahore High Court
Case No.Writ Petition No,8998 of 1999
Date1999-11-16
Judge(s)Tasaddaq Hussain Jillani
ResultOrder accordingly

ORDER

' Through this petition, petitioner has sought quashment of a case registered vide F.I.R. No,395, dated 12-11-1996 under section 365, P.P.C. With Police Station, Saddar Pattoki on the ground that the case is old; that petitioner is not named in the F.I.R. And that there is no incriminating evidence to warrant conviction of the petitioner.

2. Comments submitted by the S.H.O. Are to the effect that during investigation, petitioner was found guilty.

3. I would not like to comment on the veracity of the averments made in the petition lest it may prejudice the case of either side. F.I.R. Was registered as far back as November, 1996 and the matter is still hanging on. In the afore-referred circumstances and in view of the contention raised by petitioner's learned counsel, I am persuaded to dispose of this petition with the observation that if the challan has already been submitted in the trial Court, petitioner may move an application under section 249-A, Cr.P.C. And the learned trial Court shall decide the same within a month of its presentation.

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