ABDUL GHAFOOR Versus STATE
This criminal miscellaneous application was filed by the applicant, claiming to be a disciple of the accused, seeking the quashment of criminal proceedings pending against the accused, Riaz Ahmed Gohar Shahi, before the Special Judge, Anti-Terrorism, Mirpur Khas. The proceedings arose from an F.I.R. registered under sections 295-A, 295-B, and 295-C of the Pakistan Penal Code 1860. The core legal question was whether a third party, who is not an accused in the case, has the locus standi to seek the quashment of criminal proceedings pending against another individual. The Court held that the application was not maintainable. The ratio of the decision is that only an aggrieved person, specifically the accused in the criminal proceedings, is competent to approach the Court for the redress of grievances. Since the applicant was not an accused and the actual accused had not appeared before the trial court, the Court dismissed the application, establishing the principle that a third party lacks the standing to challenge criminal proceedings initiated against another person.
- Does a third party who is not an accused have the locus standi to seek the quashment of criminal proceedings pending against another person?
- Is a criminal miscellaneous application for quashment of proceedings maintainable when filed by a person other than the accused?
- Section 295-A, Pakistan Penal Code 1860
- Section 295-B, Pakistan Penal Code 1860
- Section 295-C, Pakistan Penal Code 1860
ORDER
1. MUHAMMAD ROSHAN ESSANI, J.--- By this Criminal Miscellaneous Application, the applicant Abdul Ghafoor son of Abdul Latif has sought the quashment of proceedings pending against accused Riaz Ahmed Gohar Shahi son of Fazal Hussain by caste Mughal resident Khuda Ki Basti Kotri in the Court of learned Special Judge, Anti-Terrorism, Mirpur Khas in Special Case No.27 of 1999, under section 295-A, B, C, P.P.C. It arose out of F.I.R. No. 108 of 1999 of Police Station Tando Adam, District Sanghar, dated 2-5-1999.
2. We have heard Mr. Aslam Rana learned counsel for the applicant and perused the material placed on record.
3. The perusal of record shows that on 2-9-1999 a case of blasphemy was registered against accused Riaz Ahmed Gohar Shahi son of Fazal Hussain by caste Mughal at Police Station Tando Adam, District Sanghar. On knowing about the registration of F.I.R. the accused Riaz Ahmed Gohar Shahi sent a written statement to the Investigating Officer and copies of the same were sent by him to the High-ups of the bureaucratic hierarchy as well as to the other State functionaries. However, during the course of investigation the Investigating Officer could not succeed in laying hands upon the accused Riaz Ahmed Gohar Shahi. Therefore, in his abstentia he submitted the charge-sheet against him before the Court of learned Special Judge, Anti-Terrorism, Mirpur Khas Division. The applicant is pot an accused in the said case but he claims to be disciple of Riaz Ahmad Gohar Shahi and he has sought quashment of proceedings which are pending only against accused Riaz Ahmed Gohar Shahi.
4. It is well-settled that only an aggrieved person can move the Court for redress of his grievance m criminal proceedings. In the case in hand only accused Riaz Ahmed Gohar Shahi is competent to move the trial Court as well as this Court for the redress of his grievances and no one else. Apart from that it appears that the accused Riaz Ahmed Gohar Shahi has never appeared before the trial Court.
5. In view of the peculiar facts and circumstances of this case the present Criminal Miscellaneous Application No.51 of 2000 is not maintainable in law and it is dismissed accordingly alongwith listed applications.
6. H.B.T./A-37/K Application dismissed.