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Petitioner: ABDUL GHAFOOR VS Respondent: STATE
2000 P Cr
2000 P Cr. L J 1568
[Karachi]
Before Muhammad Roshan Essani and Ghulam Nabi Somroo, JJ
ABDUL GHAFOOR --- Applicant
versus
THE STATE---Respondent
Criminal Miscellaneous Application No.51 and Miscellaneous Applications Nos.305 and 306 of 2000, decided on 14th March, 2000.
Criminal Procedure Code (V of 1898)---
----S. 561-A---Penal Code (XLV of 1860), S.295-A, 295-B & 295-C-- Application for quashing of proceedings---Maintainability---Applicant was not accused in the case, but he had claimed to be disciple of accused and had sought quashing of proceedings pending only against accused---Only aggrieved person could move Court for redress of his grievance in criminal proceedings---Accused was only competent person for redress of his grievance, but he had not appeared before Trial Court---Application for quashing of proceedings was dismissed being not maintainable.
Aslam Rana for Applicant.
ORDER
MUHAMMAD ROSHAN ESSANI, J.--- By this Criminal Miscellaneous Application, the applicant Abdul Ghafoor son of Abdul Latif has sought the quashment of proceedings pending against accused Riaz Ahmed Gohar Shahi son of Fazal Hussain by caste Mughal resident Khuda Ki Basti Kotri in the Court of learned Special Judge, Anti-Terrorism, Mirpur Khas in Special Case No.27 of 1999, under section 295-A, B, C, P.P.C. It arose out of F.I.R. No. 108 of 1999 of Police Station Tando Adam, District Sanghar, dated 2-5-1999.
We have heard Mr. Aslam Rana learned counsel for the applicant and perused the material placed on record.
The perusal of record shows that on 2-9-1999 a case of blasphemy was registered against accused Riaz Ahmed Gohar Shahi son of Fazal Hussain by caste Mughal at Police Station Tando Adam, District Sanghar. On knowing about the registration of F.I.R. the accused Riaz Ahmed Gohar Shahi sent a written statement to the Investigating Officer and copies of the same were sent by him to the High-ups of the bureaucratic hierarchy as well as to the other State functionaries. However, during the course of investigation the Investigating Officer could not succeed in laying hands upon the accused Riaz Ahmed Gohar Shahi. Therefore, in his abstentia he submitted the charge-sheet against him before the Court of learned Special Judge, Anti-Terrorism, Mirpur Khas Division. The applicant is pot an accused in the said case but he claims to be disciple of Riaz Ahmad Gohar Shahi and he has sought quashment of proceedings which are pending only against accused Riaz Ahmed Gohar Shahi.
It is well-settled that only an aggrieved person can move the Court for redress of his grievance m criminal proceedings. In the case in hand only accused Riaz Ahmed Gohar Shahi is competent to move the trial Court as well as this Court for the redress of his grievances and no one else. Apart from that it appears that the accused Riaz Ahmed Gohar Shahi has never appeared before the trial Court.
In view of the peculiar facts and circumstances of this case the present Criminal Miscellaneous Application No.51 of 2000 is not maintainable in law and it is dismissed accordingly alongwith listed applications.
H.B.T./A-37/K Application dismissed.