THE STATE vs JHAMANDAS AND 3 OTHERS — 1971 PCRLJ 796

Citation: 1971 PCRLJ 796

Court: Sindh High Court

Year: 1970

Decision Date: 1970-10-02

Parties: THE STATE vs JHAMANDAS AND 3 OTHERS

Headnotes

Case cited as 1971 PCRLJ 796

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: THE STATE vs JHAMANDAS AND 3 OTHERS Case No.: Criminal Reference No. 5546 of 1970 Date of Judgment:1970-10-02 Reported As: 1971 P Cr. L J 796 Result: Reference accepted JUDGMENT JUDGMENT This is a reference by the District Magistrate, Sukkur to quash the order passed by the Mukhtiarkar and Ist Class Magistrate, Sheikhupura' discharging the respondents under S. 119; Cr. P. C. There was a dispute between Santomal and others on one side and' opponents Jahamandas and others on the other side over property. Both the parties belong to Sheikhupura'. The S: H. O. Sheikhupura' apprehending breach of peace initiated proceedings against both the parties under section 107, Cr.-P. .C. And after usual investigation moved the Mukhtiarkar and 1st Class Magistrate, Sheikhupura' to proceed against them. The learned Magistrate entertained the proceedings and summoned the parties in both the cases. On, the date of hearing i.e. 6th March 1969 the learned Magistrate passed an order under section 112, Cr. P. C. Against opponents and called upon them to show cause why they should not be bound down to execute to a bond in the sum of Rs. 2,000 with one surety in the "like amount to keep peace for a period of 12 months. The respondents pleaded not guilty and they produced an affidavit of Biland R.I respondent stating therein that, proceedings against them had been instituted to wreck vengeance as the evacuee property worth crores…

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