MUHAMMAD NAWAZ FOR MUHAMMAD AHSAN vs Haji MUHAMMAD KHAN AND ANOTHER
The petitioner sought special leave to appeal against an order of the Peshawar High Court, which had dismissed his petition under Section 561-A of the Code of Criminal Procedure 1898 for the quashment of criminal proceedings initiated against him. The complainant had filed a complaint alleging offenses under Sections 406, 419, and 420 of the Pakistan Penal Code 1860, concerning the issuance of spurious cheques. The High Court had declined to quash the proceedings, reasoning that the application was premature because no evidence had yet been recorded, thereby preventing a proper assessment of the parties' respective stands. Upon review, the Supreme Court of Pakistan found no error in the High Court's order. The petitioner's counsel failed to demonstrate any legal infirmity in the impugned decision and ultimately did not press the arguments regarding the merits of the case. Consequently, the Supreme Court held that the petition lacked merit and dismissed it, affirming the principle that quashment proceedings are generally premature before evidence has been recorded in the trial court.
- Is a petition for quashment of criminal proceedings under Section 561-A of the Code of Criminal Procedure 1898 premature if filed before any evidence has been recorded?
- Can the High Court quash criminal proceedings based on the merits of the case before the trial court has recorded evidence?
- Section 406, Pakistan Penal Code 1860
- Section 419, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 202, Code of Criminal Procedure 1898
- Section 561-A, Code of Criminal Procedure 1898
ORDER
' KARAM ELAHEE CHAUHAN, J.-Haji Muhammad Khan, Timber Merchant, (hereinafter called the complainant) filed a complaint against Muhammad Ahsan petitioner under sections 406, 419 and 420, P. P. C. For having cheated him by issuing three spurious cheques at a time when he had no balance in his account and for which he made no deposit even later on. The complaint was referred by the learned Magistrate under section 202, Cr. P. C. To the police for report or for recording the statements of concerned witnesses. The police after doing the needful submitted the case to the Magistrate whc thereafter issued process against the petitioner. Muhammad Ahsan (accused) did not appear and later on non-bailable warrant was issued for his arrest. He was consequently apprehended and is now on bail.
2. Muhammad Ahsan accused filed a petition being Criminal Miscellaneous No, 254 of 1978 under section 561-A, Cr. P. C. For quashment of the proceedings filed against him as aforesaid. The petition was dismissed by a learned Singly Judge of the Peshawar High Court on 21-5-1978 on the ground that at the present it was premature as no evidence as yet had been recorded and the respective stand of the parties therefore could not be put to test. For this proposition he relied upon a judgment of this Court reported in Raja Haq Nawaz v. Muhammad Afzal and 4 others (1).
3. The accused has come up in a petition for special leave to appeal against the same to this Court.
4. We have heard the learned counsel but, he was unable to point out any mistake in the impugned order. His main submission was that there were according to him certain circumstances on the basis of which some opinion on the merits of the case could have been formed in favour; of his client but soon realizing that the exercise contemplated by him if done at this stage instead of bringing any relief to his client might involve him he did not press his point further and felt satisfied to rest the matter where it has been left by the High Court.
5. The result is that this petition has no merit and is dismisse. (1) PLD 1967 SC 354
Cited by 1 case
- MIR MUHAMMAD And 2 Others vs THE STATE and another 1987 P Cr. L J 1497