THE STATE vs PARIO — 1964 PLD 246

Citation: 1964 PLD 246

Court: Sindh High Court

Year: 1970

Decision Date: 1970-04-08

Parties: THE STATE vs PARIO

Headnotes

Case cited as PLD 1964 Lah. 246

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo Title: THE STATE vs PARIO Case No.: Date of Judgment:1970-04-08 Reported As: 1972 P Cr. L J 915 Result: Proceedings quashed JUDGMENT JUDGMENT The facts leading to this Criminal Suo Motu Revision briefly are as follows :-- Respondent Pario son of Gulsher who has been in custody since the year 1962 as an under-trial prisoner sent an application dated 19-11-1969, through the Superintendent, Central Prison, Sukkur complaining that the case against him pending in the Court of Civil Judge and Section 30 Magistrate, Mirwah was not being decided although the said proceedings had dragged on for several years. This application was put up before the learned Senior Judge of this Bench, who called for the remarks of the trial Magistrate. The learned Civil Judge and Section 30 Magistrate, Mirwah submitted his explanation about the delay in the following words :-- "Criminal case State v. Khairo and others under section 395/ 397/411/414, P. P. C. pertains to year 1962 in which applicant Pario is facing trial as co-accused. The incident is alleged to have taken place on 13-7-1962 and the challan was presented before Civil Judge & F. C. M., Mirwah on 5-10- 1962. The case proceeded with in the Court of Civil Judge & F. C. M., Mirwah and 5 witnesses were examined. Thereafter, on 25-3-1964 the case was referred to Tribunal under orders of Commissioner of Khairpur Division, Khairpur. The delay between institution and transfer of the…

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