Qazi MUSHTAQ AHMAD vs MUHAMMAD RAMZAN And Another — 1970 PCRLJ 1181

Citation: 1970 PCRLJ 1181

Court: Lahore High Court

Year: 1970

Decision Date: 1970-02-13

Parties: Qazi MUSHTAQ AHMAD vs MUHAMMAD RAMZAN And Another

Headnotes

Case cited as 1970 PCRLJ 1181

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Munir Farooqi Title: Qazi MUSHTAQ AHMAD vs MUHAMMAD RAMZAN And Another Case No.: Criminal Miscellaneous No. 4659 of 1968 Date of Judgment:1970-02-13 Reported As: 1970 P Cr. L J 1181 Result: Petition accepted Judgment ORDER The petitioner, while posted as Patwari Mohall of village Nari, Tehsil Khushab, District Sargodha, is said to have obtained by fraud a sum of Rs. 900 as mutation fee from respondent No. 2 in October 1966, and misappropriated the same in respect of which a complaint under section 420/406, P. P. C. Was pending against him in the Court of the then Resident Magistrate, Joharabad. He has filed this application under section 561-A, Cr. P. C. For the quashment of the same mainly on the ground of the incompetency of the learned Magistrate to try this case as it was exclusively triable by a Special Judge under the provisions of Pakistan Criminal Law Amendment Act, 1958. 2. There being no dispute about the relevant facts that the petitioner was a public servant; that the offence under sec--tion 420/406, P. P. C. Alleged to have been committed by him in the discharge of his official duties, is included in the Schedule attached to the said Act; that the learned Magistrate was not notified as a Special Judge, all the proceedings taken against the A petitioner in this case were without jurisdiction and void ab initio. It is also stated that no prior sanction had been obtained from the competent authority to prosecute the…

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