MUHAMMAD RAMZAN Versus MUHAMMAD MUKHTIAR
The petitioners sought the quashment of a criminal complaint through a petition under Section 561-A of the Code of Criminal Procedure 1898. This was the second such petition filed by the petitioners, following the dismissal of a previous petition for the same relief by the High Court in 2001. After the initial dismissal, the petitioners had appeared before the trial court and unsuccessfully sought relief under Section 249-A of the Code of Criminal Procedure 1898, with subsequent revision petitions also being dismissed. The core legal question was whether a second petition for quashment under Section 561-A could be entertained when no fresh grounds were presented and the previous petition had already been dismissed. The Court held that in the absence of any new developments or fresh grounds, the petition was not maintainable. The key principle laid down is that successive petitions for quashment under Section 561-A, Cr.P.C. cannot be entertained by the High Court where the grounds remain identical to those already adjudicated and dismissed in previous proceedings.
- Can a second petition for quashment under Section 561-A of the Code of Criminal Procedure 1898 be entertained if no fresh grounds are presented?
- Is a petition for quashment maintainable after the dismissal of a previous petition for the same relief by the High Court?
- Section 561-A, Code of Criminal Procedure 1898
- Section 249-A, Code of Criminal Procedure 1898
- Section 506, Pakistan Penal Code 1860
- Section 145, 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-B14521148/149/337-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 B 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.
H.B.T./M-1054/L Petition dismissed.