MUHAMMAD RAMZAN and another vs MUHAMMAD MUKHTIAR and another
This matter arises from a petition filed for the quashment of a complaint after an earlier petition under Section 561-A of the Code of Criminal Procedure 1898 for quashment of a summoning order was dismissed in limine by the High Court. Subsequent to that dismissal, the petitioners appeared before the trial court, where their application under Section 249-A of the Code of Criminal Procedure 1898 and a subsequent revision petition were both dismissed. In the present proceedings, the petitioners sought the quashment of the complaint through a second application, presenting no fresh grounds except for the aforementioned developments before the trial court. The Lahore High Court held that in the absence of any new or fresh grounds having arisen, a second application or round of petitions for quashment is not maintainable. The petition was accordingly dismissed.
- Whether a second petition under section 561-A of the Code of Criminal Procedure 1898 for quashment of a complaint is maintainable when an earlier petition has already been dismissed?
- Does the dismissal of an application under section 249-A of the Code of Criminal Procedure 1898 constitute a fresh ground for filing a subsequent quashment petition?
- Section 561-A, Code of Criminal Procedure 1898
- Section 249-A, Code of Criminal Procedure 1898
- Section 506-B, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
' Earlier petition under section 561-A, Cr.P.C. Filed by the petitioners for the quashment of summoning order passed by a learned Judicial Magistrate against the petitioner and others in a complaint filed by respondent No,1 under sections 506-B/452/148/149/337-A(ii)/109, P.P.C., had been dismissed in limine by this Court vide a detailed order, dated 19-11-2001 passed in Criminal Miscellaneous No,988 of 2001. Thereafter petitioners appeared before trial Court and filed application under section 249-A, Cr.P.C. Which was dismissed. Their revision petition was also dismissed.
2. Since facts to some extent in detail have already been given in the above said criminal miscellaneous application therefore, the same need not be repeated in this order. Now the petitioners started this round for quashment of the complaint by filing an application under section 249-A, Cr.P.C. Before the learned trial Court. Except the above mentioned development, no fresh ground has been shown by the learned counsel to have arisen for filing second application under section 561-A, Cr.P.C. This petition is, therefore, dismissed.