HAFIZULLAH AND Another vs THE STATE — 1970 PCRLJ 1242

Citation: 1970 PCRLJ 1242

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-02

Parties: HAFIZULLAH AND Another vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 1242

Judgment Text

Court Name: Lahore High Court Judge(s): Shoukat Ali Title: HAFIZULLAH AND Another vs THE STATE Case No.: Criminal Miscellaneous No. 3954 of 1968 Date of Judgment:1969-12-02 Reported As: 1970 P Cr. L J 1242 Result: Order accordingly JUDGMENT JUDGMENT These five petitions, bearing Criminal Miscellaneous Nos. 3954, 5052, 5054 and 5056 of 1968 and 2746 of 1969, pray for the quashing of the trials of the petitioners under sections 379/411, P. P. C., on the basis of five challans. Three of these cases 'are pending in the Court of A. D. M., Gujranwala, and two in the Court of another Magistrate there. 2. The facts may be briefly stated. The present petitioners, namely, Hafeeaullah, Zulfiqar Ali and Muhammad Ishaq, were sent up for trial under section 379/411, P. P. C. On the allegations that they were in possession of copper wire which was a stolen property belonging to the Telephone Department. They were tried in a ease along with one Muhammad Anwar by Mr. Waqar Ahmad, Magistrate First Class, Lahore, who discharged the petitioners and Muhammad Anwar on the short ground that Inayat Ali and Abdul Sattar, recovery witnesses, were declared hostile by the prosecution as they did not support the prosecution that the case-property was recovered from the possession of the accused persons, and that the only witness who could support the story of the prosecution as, to the recovery was Muhammad Aslam Khan, Sub-Inspector, but it was not possible to convict the accused on the statement of…

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