SIRAJ UDDIN QURESHI vs THE STATE

1. ' MRS. QAISER IQBAL, J.---This order governs Cr. Misc. Nos.191/2008, 98/2009 and M.A. No,4439/2009 fixed in Cr. Misc. No,98/2008 and suo motu notice issued in Sessions Case No,393/2003 pending in the Court of Sessions Judge Central Karachi.

2. ' The applicant Sirajuddin Qureshi has applied for quashment of the order passed by XIIIth Civil Judge and Judicial Magistrate Karachi on 17-7-2008 on a report under section 173 of Criminal Procedure Code in F.I.R. No,143/2008 under sections 394, 397, 34 P.P.C. Registered at P.S. Shahrah-e- Noor Jehan.

3. ' The brief facts disclosed in the First Information Report are reproduced as under:-- "The brief facts of prosecution case as per the contents of F.I.R. No,143/2008, lodged under section 397/34 P.P.C. Are that the complainant verbally stated that I am living in Shop No,34 Block K Bayyani Heaven Plot No,FL-10 North Nazimabad with the name and style of Shafique Jazz Internet Cafe since 2005. Yesterday 23-4-2005 I was present in my shop, one Mohallah Boy was present outside the shop, at 10:15 three persons (1) Saleem Qureshi, (2) Tariq Qureshi, and (3) Siraj Qureshi entered into my shop, Saleem Qureshi took Pistol and pushed me, and started abuses me, I in my self defence took out my license pistol, meanwhile Tariq Qureshi and Siraj Qureshi also took out their pistol and snatched my license pistol from me. During this they also hit me with the butt of Pistol at my head and injured me, Saleem said we would kill you. I replied that if you people hit me with fire my friends would hit you with bullets. Saleem Qureshi again took my search and said we let you today but kill you tomorrow, after this they went away. I dresses from private doctor, and now I have come to report my claim is against three persons Saleem, Tariq and Siraj for entering into my shop and beating me with the intention of killing with the butt of Pistol and snatching my pistol. Take action."

4. ' After the investigation was over a report under section 173 of the Code of Criminal Procedure in clause B was disapproved by the learned Magistrate as a consequence thereof the present Criminal Misc. Application has been filed.

5. ' I have heard Mr. Amir Mansoob Qureshi learned counsel for applicant and Mr. Muhammad Ali Waris Lari for complainant at length.

6. ' During the course of arguments learned counsel for complainant has apprised that on account of the numerous cases launched by the parties as against Shafiquddin and others Sessions Case No,393/2003 under section 34 P.P.C. In F.I.R. No,416/2003 registered at P.S. North Nazimabad is also pending adjudication in the Court of District and Sessions Judge Central Karachi, whereas BBA No,365/2009 is proceeding in the Court of A.D.J. Central Karachi arising out of F.I.R. No,143/2008 in which Sirajuddin, Muhammad Saleem, Tariq Iqbal have been admitted on interim pre arrest bail, both cases were summoned for adjudication of the dispute on merits. There appears longstanding dispute between the parties on the end product of the slaughter animals comprising of waste and blood, which was A assailed up to the apex Court in Civil Petitions Nos.199-K, 249-K and 358K/1998 filed by Karachi Metropolitan Corporation against Shafiquddin and others Meat Merchant Welfare Association, Liaquat and others, the issue was finally determined to the effect that the respondent (C.D.G.K.) did not have any locus standi to agitate the point raised, leave was refused and the petitions were dismissed. Government of Sindh vide notification dated 8-12-2004 appointed Mr. Aij az Haider Rizvi Deputy Director of Industries Karachi to administer the affairs of the Meat Merchant Association under Societies Act, 1860, subsequent notification dated 7-2-2005 Government of Sindh declared the General Body of the Meat Merchant _ Welfare Association Karachi being dissolved with immediate effect and appointed Mr. Ajaz Haider Rizvi to conduct the affairs of the association. From the arguments of the learned counsel it is spelled out that the real dispute between the parties are upon the waste blood of slaughter animals, collected by the applicants.

7. ' Shafiquddin Qureshi has also resorted to file Constitution Petition No,S-42/2002 in which contempt application was filed by the applicant was dismissed on 2-9-2002 in F.I.R. No,143/2008 reported under section 173 Cr.P.C. Was filed upon completion of the investigation was disposed of under C & D clauses on account of the past enmity between the parties as well as pendency of the First Information Report containing allegations against each other, I am not inclined to sustain the order passed by the learned Magistrate therefore same is liable to be quashed.

8. ' As a consequence thereof BBA No,365/2009 pending before learned Vth Additional Sessions Judge Karachi has become infructuous and is accordingly dismissed. Interim pre arrest bail order stands recalled.

9. ' Adverting to F.I.R. No,416/2009 lodged against Shafiquddin and others pending in the Court of Session Judge Central Karachi the Record and Proceedings revealed that First Information Report was lodged by Iqbal Ahmed Qureshi on 3-12-2003 stating therein that on 25-11-2003 on 2130 hours he was proceeding from the house of his friend Dr. Irshad Qazi from Gulshan-e-Iqbal to his shop in Paposh Nagar, Shershah Sori Road, North Nazimabad in Block B opposite Hanif Hospital one High roof of white colour came from behind which was driven by Shafiq Qureshi his son was also occupying the car, on account of the past enmity the son of Kamran took out a pistol stopped him with the threat to life upon which the complainant speedily 'drove away, Shafiquddin dashed his High roof, complainant fell down became unconscious sustained injuries and was admitted in Hanif Hospital for treatment.

10. ' Mr. Muhammad Ali Waris Lari learned counsel for complainant has contended that on account of the past enmity as is revealed in the earlier paft of his order the parties are at daggers drawn, they have resorted to file numerable cases against each other. It is next urged that the evidence by the prosecution does not prove the guilt of Shafiquddin and his son Kamran Qureshi as is vouchsafe for the statement of the witnesses recorded by the trial Court except complainant Igbal Ahmed Qureshi. The testimony of Dr. Syed Muzharuddin alone cannot be the sole basis of the conviction. It is next urged that Mushir of the revolver Saleem Qureshi is an interested witness closely related to the complainant. So far as the rest of the evidence is concerned it comprises of formal witnesses and could not been the basis of the conviction in case under section 34 P.P.C. Therefore for safe administration of criminal Justice it will be feasible that F.I.R. No,416/203 of P.S. North Nazimabad be quashed.

11. After appraisal of the entire dispute between the 'parties as well as order passed in Miscellaneous Application No,98/2008 I am of the considered view that the parties have been involved in criminal cases on the B sole dispute of collection of waste of slaughter animals. No fruitful purpose would be achieved by allowing the cases to be lingered on. As a consequence thereof Criminal Miscellaneous. Application No,191/2008 is allowed whereas the proceedings in Sessions Case No,393/2003 arising out of F.I.R. No,416/2003 hereby stands quashed. M.A. No,4439/2009 also stands dismissed.