GHULAM SARWAR Arm 2 Others vs THE STATE — 1971 PCRLJ 1043

Citation: 1971 PCRLJ 1043

Court: Lahore High Court

Year: 1971

Decision Date: 1971-04-06

Parties: GHULAM SARWAR Arm 2 Others vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 1043

Judgment Text

Court Name: Lahore High Court Judge(s): Ghulam Safdar Shah Title: GHULAM SARWAR Arm 2 Others vs THE STATE Case No.: Criminal Miscellaneous No. 111/ Q of 1971 Date of Judgment:1971-04-06 Reported As: 1971 P Cr. L J 1043 Result: Petition dismissed Judgment ORDER This application under section 215, Cr. P. C. Seeks the quashment of the commitment order dated 14-12-1970 passed by Ch. Imtiaz. Ahmad Sadiq, Magistrate Ist Class, Jaranwala, District Lyallpur by which he committed the three accused to the Court of Session to stand trial for an offence under section 302/34 P. .P. C. For having murdered Muhammad Nawaz in furtherance of their common intention. 2. I have heard the learned counsel for the parties. Ch. Aziz Ahmad Bajwa, the learned counsel for the petitioners, assailed the impugned order on the ground that it had been passed in violation of the mandatory provisions of sections 208, 211 to 213. Cr. P. C. He contended that before the prosecution evidence was closed the petitioners had made an application before the learned Magistrate under section 208, Cr. P. C. That the witnesses of the prosecution, who had been Oven up, should be summoned in their defence but this application was rejected. He next contended that after the petitioners were charged it was the duty of the learned Magistrate to have asked the petitioners to submit the list of their witnesses and no sooner it was done than he should have considered whether he was to summon and examine those witnesses in defence…

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