KAMAL KHAN AND ANOTHER vs ABDUL KHALIQ AND ANOTHER — 1971 PLD 121

Citation: 1971 PLD 121

Court: Balochistan High Court

Year: 1971

Decision Date: 1971-05-29

Parties: KAMAL KHAN AND ANOTHER vs ABDUL KHALIQ AND ANOTHER

Headnotes

Case cited as PLD 1971 Quetta 121

Judgment Text

Court Name: Balochistan High Court Judge(s): Dorab Patel Title: KAMAL KHAN AND ANOTHER vs ABDUL KHALIQ AND ANOTHER Case No.: Criminal Revision No, 5 of 1969 Date of Judgment:1971-05-29 Reported As: PLD 1971 Quetta 121 Result: Order accordingly JUDGMENT JUDGMENT According to Abdul Khaliq, the first respondent in this Criminal Revision, on 4th September 1966, the applicant Kamal Khan and Nabo Jan, now deceased, had illegally constructed a bund in Manda Uch Khoola and thereby diverted the flow of water from the said Manda to Manda Hana. The first respon-dent therefore filed a complaint before the Distrate Magistrate-Quetta who referred the case to the E. A. C. and Magistrate, First Class, Quetta. The E. A. C. and Magistrate, First Class forwarded the complaint to the Tehsildar and Second Class Magistrate under section 202, Cr. P. C. for an enquiry, and this Magistrate in turn submitted his report to the E. A. C. and Magistrate, First Class, on 28th October 1966. The E. A. C. and Magistrate, First Class thus issued summons to the parties and proceeded with the case. He recorded the statements of the first respondent and of two of his witnesses Abdul Ghaffar and Abdul Razak and on 18th September 1968, he framed a charge against both the present applicant and Nabo Jan deceased under section 430, P. P. C. He then adjourned the case to the 7th of October 1968, for the evidence of the accused. But on the 1st of October they had filed a revision application in the Sessions Court so…

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