the order of discharge made by the Magistrate was not only improper but also perverse. In support of his conclusion the learned Sessions Judge has relied on a decision of the Supreme Court in Mazharul Haq v. Ishaque Sardar — 1962 PLD 480

Citation: 1962 PLD 480

Court: Balochistan High Court

Year: 1969

Decision Date: 1969-07-09

Parties: ABDUL GAFOOR KHAN DURRANI vs ABDUL HAMEED AND ANOTHER

Headnotes

Qazi Muhammad Isa, learned counsel for the petitioner has read before me the two orders as well as the relevant portion of the F. Attributing the part played by the petitioner in the commission of the crime.

Judgment Text

Court Name: Balochistan High Court Judge(s): Muhammad Fazle Ghani Khan Title: ABDUL GAFOOR KHAN DURRANI vs ABDUL HAMEED AND ANOTHER Case No.: Criminal Revision No. 12 of 1969 Date of Judgment:1969-07-09 Reported As: PLD 1970 Quetta 14 Result: Petition dismissed JUDGMENT JUDGMENT This revision petition is directed against the order of the learned Sessions Judge, Quetta, dated the 17th of October 1968, by which the learned Judge has set aside the order dated the 31st of July 1968 made by the Committing Magistrate discharging Abdul Ghafoor Khan Durrani petitioner under section 209, Cr. P. C. In a case under section 302/34, P. P. C. The learned Sessions Judge has further, in exercise of his powers under section 437, Cr. P. C. Directed that petitioner Abdul Ghafoor Khan Durrani be committed for trial to his Court. The petitioner has however been allowed to remain on bail on furnishing personsal recog--nizance bond for Rs. 10,000 with one surety in the like amount. 2. The facts, necessary for the disposal of this revision, briefly stated, are that the petitioner was challaned for an offence under section 302/34, P. P. C. With Jumma Khan, Muhammad Qasim and Abdul Qadir on the 20th of May 1967 within the jurisdiction of Qaidabad Police Station, Quetta, for the murder of Abdul Rashid son of Abdul Hamid complainant. The inquiry Magistrate, after examining all the prosecution witnesses has committed Jumma Khan, Muhammad Qasim and Abdul Qadir to the Court of Sessions for trial under…

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