The STATE vs MAHMOOD KHAN And ANOTHER — 1972 PCRLJ 240

Citation: 1972 PCRLJ 240

Court: Sindh High Court

Year: 1970

Decision Date: 1970-05-26

Parties: The STATE vs MAHMOOD KHAN And ANOTHER

Headnotes

Case cited as 1972 PCRLJ 240

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo Title: The STATE vs MAHMOOD KHAN And ANOTHER Case No.: Criminal Reference No. 54 of 1968 Date of Judgment:1970-05-26 Reported As: 1972 P Cr. L J 240 Result: N/A JUDGMENT JUDGMENT This is a reference under section 438, Cr. P. C. by the learned Sessions Judge, Jacobabad recommending that criminal proceedings under section 420, P. P. C. pending against the respondent No. 1 Mahmood Khan in the Court of Extra Asstt. Commissioner, F. C. M., Nasirabad be quashed. 2. The facts giving rise to this reference are that on 22-7-1969 a complaint was filed by Pir Muhammad, respondent N.0. 2 against Mahmood Khan respondent No. 1 alleging therein that the respondent No. 1 had cheated him by giving him certain land on contract as he had no intention whatsover of having the said contract registered. He accordingly, evaded doing the Same for 3-4 months whereafter he flatly refused. It was alleged in the complaint that the respondent No; 1 had taken a huge amount by defrauding the complainant and had in addition made the latter spent an additional amount on the land.. The learned Magistrate held a, preliminary enquiry in the course of which he examined two witnesses and thereafter issued process; against the respondent No. 1 for an offence under section 420, P. P. C. The case has riot yet proceeded thereafter as the respon - dent No. 1 filed an application before the learned Sessions Judge, Jacobabad for making a reference to this…

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