MOHAMMAD BAKHSH vs The STATE — 1972 PCRLJ 705

Citation: 1972 PCRLJ 705

Court: Baghdad-ul-Jadid

Year: 1970

Decision Date: 1970-03-04

Parties: MOHAMMAD BAKHSH vs The STATE

Headnotes

Case cited as 1972 PCRLJ 705

Judgment Text

Court Name: Baghdad-ul-Jadid Judge(s): A. R. Sheikh Title: MOHAMMAD BAKHSH vs The STATE Case No.: Criminal Miscellaneous No. 65 of 1970 Date of Judgment:1970-03-04 Reported As: 1972 P Cr. L J 705 Result: Petition dismissed Judgment ORDER A. R. Sheikh, J.--Learned counsel for the State argues that the preventive measures under sections 107 and 151 of the Code of Criminal Procedure being not an offence under the Pakistan Penal Code, no question of compounding the same arises under section 345, Cr. P. C. He farther argues that section 494, Cr. P. C does not apply to proceedings under Chapter VHI and, therefore, proceedings under section 107, Cr. P. C. can be terminated only under section 119, Cr. P. C. In this regard he relies on The King v. Ba Khin and others (l). He maintains that in the circumstances the Assistant Commissioner, Ahmadpur East, has in no manner acted against law and the objection raised against the procedure adopted by him, urged as a ground for transfer of the case from his Court, is without force. Mr. M. M. A. Pirzada, Advocate, appearing for the petitioner, has not been able to meet this argument. 2. The other ground urged that the learned Magistrate in refusing to accept sureties in the iirst instance has created an apprehension in the mind of the petitioner that he would not get a fair trial at the hands of the Magistrate is also without merit. The petition fails and is dismissed. . (1) AIR 1940 Rang. 189 --- ## Page 2 revisions by the competent…

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