MUHAMMAD AKRAM AND 6 Others vs THE STATE — 1971 PCRLJ 528

Citation: 1971 PCRLJ 528

Court: Lahore High Court

Year: 1970

Decision Date: 1970-11-03

Parties: MUHAMMAD AKRAM AND 6 Others vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 528

Judgment Text

Court Name: Lahore High Court Judge(s): Ghulam Safdar Shah Title: MUHAMMAD AKRAM AND 6 Others vs THE STATE Case No.: Criminal Miscellaneous No. 6510 of 1970 Date of Judgment:1970-11-03 Reported As: 1971 P Cr. L J 528 Result: Petition allowed Judgment ORDER This petition under section 561-A, Cr. P. C. Seeks the quashment of the proceedings (State v. Muhammad Akram and others) pending against the petitioners in the Court of the Resident Magistrate, Shujabad. 2. The main ground upon which this petition was admitted to hearing was that the order of varabandi passed by the Executive Engineer on .2-2-1970 was ab initio void because of the West Pakistan Canal and Drainage (Amendment) Ordinance (I of 1970), (hereinafter called the Ordinance) under which the said power vested with the Sub-Divisional Officer. Kh. A. Waheed, the learned counsel for the petitioners, has filed on record a copy of the F. I. R. Report of the S. H. O. Under section 173, Cr. P. C. And a copy of the plaint which the petitioners filed in one of the civil Courts at Multan challenging the vires of the impugned order of the Executive Engineer. The report of the S. -H. O. Under section 173, Cr. P. C. Shows that the case against the petitioners under sections 430 and 379, P. P. C. Was found baseless and further that they should be challaned only for offence under sections 148 and 149, P. P. C. This report of the S. H. O. Is dated 17-7-1970 and is endorsed by Muhammad Anwar P. S. I. Shujabad on 28-7-1970. These…

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