Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: ZAFARULLAH AND Another VS Respondent: THE STATE AND ANOTHERs
Court Name: Lahore High Court Judge(s): Mazhar-ul-Haq Title: ZAFARULLAH AND Another vs THE STATE AND ANOTHERs Case No.: Criminal Miscellaneous No. 38/Q of 1979 Date of Judgment:1979-04-16 Reported As: 1979 P Cr. L J 976 Result: Petition dismissed
Judgment ORDER Zafarullah and Muhammad Khan petitioners have come up under section 561-A, Cr. P. C. For quashment of a criminal case pending against them in the Court of Mr. Bashir Ahmad Bhatti, Magistrate 1st Class, Chiniot, on the report made by one Shah Muhammad for the offences under section 420/406, P.P.C. 2. Learned counsel for the petitioner contended that the facts as disclosed in the F.I.R. Would indicate that transaction was purely of a, civil nature and no criminal case was made out. Learned counsel for the respondent contended that in the first instance the petitioner should be asked to make these submissions before the trial Court as contemp--lated by section 249-A, Cr. P. C. In this regard he relied upon Khushi Muhammad and 4 others v. State (1979 SCMR 94). In view of the cited authority the petitioners are directed to first apply before the trial Court under sec--tion 249- A, Cr. P. C. And make their submissions there. With these observations this petition is dismissed.