1. ' The applicant is seeking quashment of Direct Complaint No,35 of 1997 pending in the Court of Civil Judge and F.C.M. Mirpur Bathoro, District Thatta filed by respondent No,1 against the present applicant and seven others under sections 500/501, P.P.C.
2. ' Mr. Mahmood A. Qureshi, Advocate for the applicant, has argued that there is civil litigation of the applicant with Dr. Ghulam Mustafa which is pending in the Court of the Senior Civil Judge, Hyderabad and there is a dispute between the present applicant and Dr. Naseem Akhter, over the property. According to him there was Press conference which was held and addressed by Kanwar Laiq Ali accused No,4 in Direct complaint) and the present applicant has no concern whatsoever with the Press conference in which the wild allegations have been levelled against respondent No,1 Dr. Ghulam Mustafa. He has further argued that the present applicant is a Stenographer in Special Branch, Police Department and he has not defamed respondent No,2. Two witnesses namely and respectively Muhammad Khan and Sikandar have been examined by the complainant (respondent No,1) and they too have stated that they have gone through the contents of the newspaper daily "Sindh" Hyderabad published on 18-10-1997 and from their statements nowhere they have stated that they have developed hatred against respondent No,1 and now they hate him.
3. According to the learned counsel no offence is made out under sections 500/501, P.P.C. Against the present applicant.
4. ' On the other hand Mr. Sharafat Ali, Advocate for A.-G. For the State has raised no objection to the quashment of the proceedings of Direct Complaint No,35 of 1997. However, respondent No,1 has repeatedly those to remain absent.
5. ' I have considered the arguments advanced by the learned counsel for the parties at bar and gone through the material available on record. As far as two witnesses are concerned namely and respectively Muhammad Khan and Sikandar. I have gone through their statements, nowhere they have stated that after going through the news published in "Daily Sindh" Hyderabad dated 18-10- 1997 against the respondent No,1 Dr. Ghulam Mustafa they have changed their mind and they have developed hatred against respondent No,1 Dr. Ghulam Mustafa and simply they have stated that the respondent No,1 is a man of good character. Admittedly the civil litigation is going on between Dr. Naseem Akhtar and the present applicant which is borne out from the record as stated by learned counsel for the applicant, the Press conference has been addressed by Kanwar Laiq Ali (accused No,4 in the Direct Complaint) and the present applicant was not available at the 'Press conference and has no concern whatsoever with the said Press conference. Since no offence under sections 500/501, P,P.C. Is made out on the face of it, proceedings pending against the present applicant before the Civil Judge and F.C.M. Mirpur Bathoro, District Thatta is abuse of process of law and harassm ent on the part of the applicant. I am in full agreement with the contentions raised by learned counsel for the applicant and having no objection from the side of the State, the proceedings which have been initiated on the basis of Direct Complainant under sections 500/501, P.P.C. Pending before the Civil Judge and F.C.M. Mirpur Bathoro, District Thatta, stand quashed, in result this Criminal Miscellaneous Application No,443 of 1999 is allowed.