Mst. ZOHRAN AND 4 Others vs ABDUS SATTAR AND Another
This matter concerns a petition for leave to appeal against an order of the High Court, which refused to quash criminal proceedings initiated via a private complaint. The petitioners were initially investigated by the police for offences under sections 364 and 380 of the Pakistan Penal Code 1860, but were found innocent and the case was cancelled. Subsequently, the respondent filed a private complaint regarding the same allegations. The Magistrate, after recording preliminary evidence, issued summonses to the petitioners. The petitioners sought quashment under section 561-A of the Code of Criminal Procedure 1898, arguing that the police investigation report exonerating them precluded further proceedings. The Supreme Court held that a private complaint is not barred simply because the police previously discharged the accused or cancelled the case. The Court affirmed that unless the petitioners demonstrate that the complaint is mala fide or the charges are demonstrably false, the Magistrate is entitled to proceed based on the preliminary evidence. Consequently, the Court dismissed the petition, finding no legal defect or sufficient grounds to warrant the quashment of the ongoing criminal proceedings.
- Does a police report finding the accused innocent and cancelling a case legally bar the filing of a private complaint for the same offence?
- Under what circumstances can a Magistrate proceed with a private complaint after the police have submitted a report of innocence?
- Is the quashment of criminal proceedings justified solely on the ground that the police previously investigated and discharged the accused?
- Section 364, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 561-A, Code of Criminal Procedure 1898
ORDER
1. MUHAMMAD YAQUB ALI, Actg. C. J.-A case was registered against the petitioners under section 364/380, P. P. C. At the Police Station, Kupp, Multan, under the directions of a learned Judge of the erstwhile High Court of West Pakistan. Investigation was undertaken by the Crimes Branch Police which found the petitioners innocent and consequent upon it the case was cancelled.
2. Thereafter the respondent filed a private complaint in the Court of a Magistrate against the petitioners under section 364/380, P. P. C. For kidnapping his daughter Mst. Sughran so that she may be murdered and for theft. After recording the statement of the complainant and preliminary evidence produced by him, the Magistrate formed the opinion that there was sufficient ground for proceeding with the complaint and issued summonses to the petitioners under bailable warrants.
3. Aggrieved by the order of the Magistrate, the petitioners moved the High Court under section 561, Cr. P. C., for quashment of the proceedings on the ground that the Police had already held investigation in the case and found them innocent. The petition was dismissed by a learned Judge in the view that none of the conditions for quashment was made out. The complaint did not suffer from any legal defect, the Court which summoned the petitioners had, jurisdiction in the matter and it was not shown that the prosecution was mala fide. Nor the respondent was, in law, precluded from filing a private complaint after the petitioners had been discharged on the report made by the police.
4. The petitioners seek leave to appeal reiterating the plea that in view of the report submitted by the Crimes Branch on which the petitioners were discharged and the case registered against them was cancelled, the Magistrate ought not to have summoned them. On the statement made by the complainant, father of the abductee, and the preliminary evidence, the trial Court has so far formed the opinion that it is a fit case for further proceedings. Unless sufficient material is brought on the record by the defence to indicate that the charge against them is false or that the complaint is mala fide it would be unjust to dismiss the complaint without having examined the evidence which the complainant proposes to lead in support of the accusations contained in it.
5. No proper, ground was, therefore, made out for quashment of the proceedings against the petitioners.
6. The petition is dismissed.