| Case ID |
2c0c56e3-ccf1-49ec-b71f-101d7dcb1e6c |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. 312 of 1979 |
| Decision Date |
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| Hearing Date |
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| Decision |
The court accepted the petition for quashment of the proceedings initiated against Mst. Naseem Bano and others based on a complaint of theft and house trespass by Muhammad Ismail. The court found the complaint to be mala fide, primarily due to the inordinate delay of one month and ten days in filing the complaint, which was not adequately explained. The court noted that the complainant had previously made similar allegations against the applicants, indicating a pattern of disputes rather than a genuine complaint. The proceedings were quashed in light of these findings, emphasizing the need for diligence in filing complaints to prevent abuse of the judicial process. |
| Summary |
In the case of Sindh High Court's Criminal Miscellaneous Application No. 312 of 1979, the court addressed a petition for quashment brought by Mst. Nasim Bang and others against a complaint filed by Muhammad Ismail alleging theft and house trespass. The court scrutinized the complaint filed under sections 457 and 380 of the Pakistan Penal Code, which pertain to house trespass and theft in dwelling houses, respectively. The applicants argued that the complaint was filed with significant delay, which was not satisfactorily justified by the complainant. The court highlighted that the previous complaint made by Muhammad Ismail suggested that this current complaint could be an attempt to exert pressure on the applicants. The decision emphasized the importance of timely and genuine complaints in the legal process to avoid the misuse of legal provisions. This case underscores critical legal principles regarding the validity of complaints, the implications of delay, and the necessity for thorough investigation before proceeding with criminal allegations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ZAHOORUL HAQ, J
|
| Lawyers |
Mr. Ghulam Ali Agha
|
| Petitioners |
Abdullah,
Abdul Sattar,
Mst: Nasim Bang
|
| Respondents |
Muhammad Ismail
|
| Citations |
1980 SLD 1716,
1980 PCRLJ 1189
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
457,
380
|