ZAHUR AHMAD vs DISTRICT MAGISTRATE, RAWALPINDI And ANOTHER — 1967 PLD 65

Citation: 1967 PLD 65

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-13

Parties: ZAHUR AHMAD vs DISTRICT MAGISTRATE, RAWALPINDI And ANOTHER

Headnotes

Case cited as PLD 1967 Pesh. 65

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: ZAHUR AHMAD vs DISTRICT MAGISTRATE, RAWALPINDI And ANOTHER Case No.: Criminal Revision No. 1155 of 1971 Date of Judgment:1971-12-13 Reported As: 1972 PCr.LJ 706 Result: Proceedings quashed JUDGMENT JUDGMENT Zahur Ahmad petitioner felt aggrieved by the order of the District Magistrate, Rawalpindi, dated the 8th of April 1971, whereby a case under section 366/342, P. P. C. etc., was registered against nine persons at Police Station ,'C" Division, Rawalpindi, on the 28th of October 1969, at the instance of Shamim Zahur, respondent No. 2, and pending in the Court of Assistant Commissioner, was withdrawn on a statement made by her before the District Magistrate in support of the petition for withdrawal. The impugned order is challenged .on the legal ground that in view of the opposition of the Public Prosecutor to the withdrawal of the case the learned District Magistrate was not competent to make such an order under section 494, Cr. P. C. which is the only relevant provision contained in the Code of Criminal Procedure. 2. The case has a chequered history, the dispute between the parties having resulted in multiple litigation some of the ramifications of which also engaged the attention of this Court on more than one occasion. The first of these was Cr. M. No. 6080 of 1970, moved by Mst. Shamim Zahur herself under section 561-A, Cr. P. C. for quashing of the criminal proceedings of the same case which was…

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