SADRUDDIN Alias SADROO vs ABDUL KHALIQ And ANOTHER — 1972 PCRLJ 278

Citation: 1972 PCRLJ 278

Court: Sindh High Court

Year: 1971

Decision Date: 1971-09-21

Parties: SADRUDDIN Alias SADROO vs ABDUL KHALIQ And ANOTHER

Headnotes

Case cited as 1972 PCRLJ 278

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: SADRUDDIN Alias SADROO vs ABDUL KHALIQ And ANOTHER Case No.: Criminal Miscellaneous Application No. 74 of 1971 Date of Judgment:1971-09-21 Reported As: 1972 P Cr. L J 278 Result: Proceedings quashed JUDGMENT JUDGMENT This is an application under section 561-A, Cr. P. C. to quash the proceedings pending under sections 406 and 420, P. P. C. in the Court of A. D. C. and 1st Class Magistrate, Larkana. Abdul Khaliq complainant had lodged a report in the police on the allegations that he had entrusted three buffaloes to the applicant at Larkana to be delivered to one Abdul Rahim at Karachi. The applicant failed to deliver those buffaloes, and therefore, Abdul Khaliq came to Karachi and contacted the applicant. The applicant admitted that he had not delivered the buffaloes and instead he would pay the price of the buffaloes to him. This arrangement was accepted by Abdul Khaliq and he agreed to receive the price which was to be paid after a few days. However, later the applicant did not pay the price and, therefore, a report was lodged and the police after usual investigation challaned the applicant. It was urged by the learned counsel for the applicant that the dispute was of civil nature and, therefore, the proceedings taken at Larkana were abuse of the process of the Court. The learned counsel for the State supported him. On the other hand the learned counsel for Abdul Khaliq opposed the application and…

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