THE STATE vs MUZAFFAR ALI AND 2 Other — 1965 PLD 236

Citation: 1965 PLD 236

Court: Sindh High Court

Year: 1970

Decision Date: 1970-02-26

Parties: THE STATE vs MUZAFFAR ALI AND 2 Other

Headnotes

Case cited as PLD 1965 Pesh. 236

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo Title: THE STATE vs MUZAFFAR ALI AND 2 Other Case No.: Criminal Reference No. 69 of 1968 Date of Judgment:1970-02-26 Reported As: PLD 1970 Karachi 457 Result: H. JUDGMENT JUDGMENT This is a reference by the learned First Additional Sessions Judge, Hyderabad recommending that the order dated 9-1-68 passed by the Civil Judge and Additional City Magistrate, Hyderabad rejecting the application of the respondents Nos. 1 and 2 for examination of their defence witnesses in case No. 29/1965 filed by respondent No. 9 under sections 344 and 347, P. P. C. Be quashed and the respondents Nos. 1 and 2 "be allowed to examine their defence". 2. The facts leading to this Reference briefly are as fellows: On 1-3-1965 Sultan Muhammad Nizami respondent No. 3 filed a complaint in the Court of Additional City Magistrate, Hyderabad alleging therein that his sister Noor Bano was being wrongfully confined by respondents Nos. 1 and 2. After the evidence of the prosecution witnesses was recorded the learned Magistrate framed a charge under section 344, P. P. C. It appears that these respondents had initially given a list of their witnesses to the Courts but later on 9-1-1968 they submitted an application stating therein that they wished to examine two defence witnesses, namely, Abdul Majid Khan and Nazim A.I Qureshi, who were both present in Court. This request was turned down by the laarned Civil Judge and A. C. M., Hyderabad by a short…

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