Haji MUHAMMAD ALI vs THE STATE — 1971 PCRLJ 1127

Citation: 1971 PCRLJ 1127

Court: Lahore High Court

Year: 1971

Decision Date: 1971-04-13

Parties: Haji MUHAMMAD ALI vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 1127

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: Haji MUHAMMAD ALI vs THE STATE Case No.: Criminal Revision No. 326 of 1971 Date of Judgment:1971-04-13 Reported As: 1971 P Cr. L J 1127 Result: Petition dismissed Judgment ORDER A case was -registered ate Police Station Pakpattan on 8 January : 1970, under., sections 148, 307 and 365 read with section 149 of the Pakistan Penal Code, against the petitioner and six others. After the completion of the investigation, challan was placed in the Court of Mian Abdul Samad, Section 30 Magistrate, Sahiwal, on 9th July 1970. The report made by the investigating officer under section 173 of the Code of Criminal Procedure revealed, that there was no case against the petitioner. He-was shown in column No. 2: 2. While taking cognizance, the learned Magistrate summoned Muhammad Ali petitioner as an accused person. Dissatisfied with the order of the Magistrate Muhammad Ali filed revision petition in the Court of Mr. Muhammad Rafique Tarar; Sessions Judge, Sahiwal. The learned Sessions Judge finding no merit in the petition; dismissed it and hence this revision petition, which is directed against the order of the learned Sessions Judge, confirming that of the trial Magistrate. 3. I have heard learned counsel for the petitioner. He has raised a novel contention on the basis of the case of J. D. Boywalla v. Sorab Rustom Ji Engineer (AIR 1941 Bom. 294), -that the Magistrate could not at against the police report, without…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.