Sample Quashment Application

IN THE HIGH COURT OF SINDH, AT KARACHI

(Criminal Jurisdiction)

Cr.Misc. Application No. of 2004

[PETITIONER NAME]

S/o [FATHER NAME],

Muslim, adult, resident of House no.48/1,

Khayaban-e-Sahar, Phase-VI, Defence

Housing Authority Karachi………………Petitioner

Versus

The State………………Respondent

PETITION U/S 561-A OF THE CODE

OF CRIMINAL PROCEDURE, 1898

For the facts and reasons stated hereinafter, it is humbly submitted on behalf of abovenamed petitioner, that this Hon'ble Court may be pleased to quash the proceedings against him in the Criminal Case no.132/2002, (State v [CO-ACCUSED NAME] & others), pending trial before the learned Special Court (Offences in Banks) Sindh, at Karachi, and on the consideration of the following facts and grounds, amongst other, viz:-

F A C T S:

1.That the abovenamed petitioner is a law abiding and bonafide citizen of this country. He was never involved in any criminal case in past. He is regular income tax payer with registration no.[NTN REDACTED].

2.That on 21 st October, 2002 the petitioner was leaving for Dubai, U.A.E. on a business trip when at the boarding counter, he was arrested by the Pakistan Customs, Investigation & Prosecution Branch, Karachi, whereafter his custody was transferred to the Federal Investigation Agency (F.I.A.). No proceeding under Customs Act, 1969, was ever initiated against the petitioner.

3.That on 22-10-2002 an FIR was lodged by the complainant [COMPLAINANT NAME] (IPS) Customs, Karachi with the FIA, Commercial Bank Circle-1 Karachi, alleging therein that accused [CO-ACCUSED NAME] alias [CO-ACCUSED ALIAS] was arrested by the Customs/FIA, when he was attempting to encash a pay order of Rs.69,43,501/- with forged letter of Collector of Customs, Karachi. It was further alleged in the said FIR that during the preliminary investigation, it was claimed by said accused [CO-ACCUSED NAME] alias [CO-ACCUSED ALIAS] that the present petitioner namely Jahangir Malik was involved with him in commission of the alleged offence. It is pertinent to submit that at the time of recording of the said FIR, the petitioner was already under arrest with the FIA.

Certified copy of the FIR No.14 of