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1987 PCRLJ 164

M.A.BHATTI And 4 Others vs ABDUL HAQ And Another

Petitioner: M.A.BHATTI And 4 Others VS Respondent: ABDUL HAQ And Another

Court: Lahore High Court Decision Date: 1986-12-06

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Sh. Riaz Ahmad Title: M.A.BHATTI And 4 Others vs ABDUL HAQ And Another Case No.: Criminal Miscellaneous No. 191/Q of 1986 Date of Judgment:1986-12-06 Reported As: 1987 P Cr. L J 164 Result: Petition accepted

Judgment ORDER The learned Dy. Attorney-General has entered his appearance and states that there is no notification issued under section 7 of the Pakistan Essential Service (Maintenance) Act, 1952 authorizing the prosecution of the employers. In this view of the matter, the contention raised by the learned counsel for the petitioner Mr. Khalid Mehmood Pasha has force. The proceedings pending in the absence of such Notification is nothing but abuse of the process of the Court. The cognizance of the case is also without jurisdiction. In this view of the matter in exercise of inherent powers of this Court under section 561-A, the proceedings pending against the petitioner in the Court of Mr. Khalid Majeed Pirzada, Magistrate 1st Class, Gujranwala, are hereby quashed.

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