Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: SYED SAEED HASSAN VS Respondent: ASAD KHAN AFRIDI
1988 P Cr
1988 P Cr. L J 1080
[Karachi]
Before Allahdino G. Memon, J
Syed SAEED HASSAN‑‑Petitioner
Versus
ASAD KHAN AFRIDI and another‑‑Respondents
Criminal Miscellaneous Application No. 100 of 1987, decided on 19th November, 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 561‑A‑‑Customs Act (IV of 1969), S. 156(1)‑‑F. I .R., quashing of‑‑Petitioner not yet challaned in Court‑‑No certainty of his actually being challaned‑‑Court assured of not arresting him without intimation to Court‑‑Petition for quashment, held, was premature in circumstances.
Suleman Habibullah for Applicant.
Abdul Khair Ansari for Respondent No.1. Imam Bux Sheikh for the State.
ORDER
This is an application under section 561‑A, Cr.P.C. for the quashment of F.I.R. dated 21‑3‑1987 lodged by the Customs Authorities under section 156(1) of Customs Act, 1969, against the applicant. Alongwith the above application an application for bail was also moved which was heard by my Lord the Chief Justice on 8‑4‑1987 in which Mr. Imamally G. Kazi learned Deputy Attorney‑General gave under taking that the applicant will not be arrested till final disposal of this application.
I have heard Mr. Suleman Habibullah, learned counsel appearing for the appellant, and Mr. Imam Bux Sheikh, learned counsel appearing for the State and have also gone through the documents produced alongwith application.
It has been admitted by the learned counsel Mr. Suleman Habibullah that the applicant has not yet been challaned before the Court, and there is no certainty that he is actually going to be challaned.
In view of the above position Mr. Imam Bux Shaikh learned counsel appearing for the State and Mr. Abdul Khair Ansari have contended that this application is pre‑mature. However, they have assured this Court that the applicant being a Senior Advocate, he will not be arrested by the Customs Authorities, before intimating this Court.
In view of the above position and undertaking the application is dismissed as premature, for the time being. I hope that in view of the undertaking Mr. S.Saeed Hasan applicant will not be arrested by the Customs Authorities before intimating this Court.
However, the applicant will be entitled to repeat this application at any time, if he is challaned before the Court.
S. A ./S‑149/ K Order accordingly.