STATE vs Syed MIR AHMED SHAH AND ANOTHER — 1969 PLD 241

Citation: 1969 PLD 241

Court: Balochistan High Court

Year: 1969

Decision Date: 1969-10-29

Parties: STATE vs Syed MIR AHMED SHAH AND ANOTHER

Headnotes

Case cited as PLD 1969 SC 241

Judgment Text

Court Name: Balochistan High Court Judge(s): Muhammad Afzal Zullah Title: STATE vs Syed MIR AHMED SHAH AND ANOTHER Case No.: Criminal Revision No. 37 of 1968 Date of Judgment:1969-10-29 Reported As: PLD 1970 Quetta 49 Result: Order accordingly JUDGMENT JUDGMENT By a challan report, dated 3rd February 1968, the Superintendent of Police requested the Special Judge (Central), Quetta, for trial of the respondents for offences under section 420/468/471, P. P. C. And section 5 (2) of the Prevention of Corruption Act, 1947 Sarfraz Masih respondent is stated to bean employee of the Central Government in the Department of Settlement and Rehabilitation. The evidence had been summoned when on the 20th May 1968, the accused objec--ted to the jurisdiction of the learned Special Judge. The precise objection was that all offences under the Pakistan Penal Code were scheduled offences under the Criminal Law (Special Provisions) Ordinance (No.II of 1968) (hereinafter referred to as the Ordinance) therefore, only the Tribunal created there --under had the jurisdiction The case of the State on the other hand was that the offences being exclusively triable by a Special Judge under the Pakistan Criminal Law Amendment Act (XL of 1958) (hereinafter referred to as the Act), only the Special Judge had the jurisdiction. The learned Special Judge after hearing learned counsel for the parties and also some other learned Advocates of Quetta, as according to him the question involved was important,…

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