NAWAB DIN Alias BABOO vs The STATE and anothers — 1972 PCRLJ 712

Citation: 1972 PCRLJ 712

Court: Sindh High Court

Year: 1971

Decision Date: 1971-11-25

Parties: NAWAB DIN Alias BABOO vs The STATE and anothers

Headnotes

Case cited as 1972 PCRLJ 712

Judgment Text

Court Name: Sindh High Court Judge(s): Abdul Qadir Sheikh Title: NAWAB DIN Alias BABOO vs The STATE and anothers Case No.: Criminal Miscellaneous Application No. 471 of 1971 Date of Judgment:1971-11-25 Reported As: 1972 P Cr. L J 712 Result: Application dismissed Judgment ORDER The applicant Nawabdin alias Baboo son of Merajdin, seeks quashment of the proceedings initiated by the Assistant Commissioner and Sub-Divisional Magistrate, Cantonment. Karachi, under section 145, Criminal Procedure Code, pursuant to the order dated 20th October 1971, which reads as follows: "Whereas from the police report submitted by S. H. O. P. S. Landhi, I am satisfied that there appears to exist imminent apprehension of breach of peace within the local limits of my jurisdiction over the possession of the Plot No. 130, Road No. 7, situated in Bhens Colony, between the applicant Mohammad Ishaque and Nawab Deen and others, which may disturb the public peace and tranquillity. The S. H. O., P. S. Landhi is therefore directed to seal the said disputed plot according to law pending disposal of the case, and report compliance." The police report, on the basis of which the order was passed, is not on the file of the trial Magistrate, but its certified copy with English translation was produced by the learned counsel for the petitioner. The allegations therein and also on the record of the trial Court, are that the disputed plot in the Cattle Colony, Landhi, Karachi, was allotted to Mohammed Ishaque, who…

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