1. ' Shahid Mahmood and Zia Hussain Shah petitioners have come up under section 561-A, Cr. P. C.
2. Seeking quashment of the proceedings pending against them under section 498/497, P. P. C. In the Court of Ch. Muhammad Aslam, Magistrate, 1st Class Gujjar Khan on the complaint filed by Capt.
3. Jafar Ali Shah father-in-law of Ibrar Hussain. After recording preliminary evidence of three witnesses, the accused were summoned and charges were framed against them to which they pleaded not guilty.
2. Solitary submission in this petition was that trial Court did not accord sanction as contemplated by section 199, Cr. P. C. Learned counsel for the respondent brought to my notice the certificate of Ibrar Hussain husband of Mst. Saeeda Batool. This complaint was countersigned by the Commanding Officer of Ibrar Hussain stating that as an Army Officer it was not possible for Ibrar Hussain to pursue the complaint under section 498, P. P. C. Against the accused. Ibrar Hussain the aggrieved husband has authorised his father-in-law Capt. Jafar Ali Shah to file the complaint.
4. Counsel for the respondent further argued that the aforementioned authority and certificate were attached with the complaint when the Magistrate took cognizance. Complainant also mentioned in his statement about the receipt of the said certificate and authority sent to him by his son-in- law, it therefore, cannot be argued that the implied sanction was without application of mind. It is noteworthy that not only that the complaint disclosed the authority, the Magistrate recorded the statement of the complainant which also disclosed that certificate and authority was given to him by the aggrieved husband. Under these circumstances, I do not see any force in this petition. The same is dismissed. The record of this case be sent back to the trial Court for further proceedings.