MUHAMMAD ALI vs MUHAMMAD AMIN And Another — 1970 PCRLJ 362

Citation: 1970 PCRLJ 362

Court: Lahore High Court

Year: 1969

Decision Date: 1969-04-25

Parties: MUHAMMAD ALI vs MUHAMMAD AMIN And Another

Headnotes

Case cited as 1970 PCRLJ 362

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: MUHAMMAD ALI vs MUHAMMAD AMIN And Another Case No.: Criminal Miscellaneous No. 229 of 1967 Date of Judgment:1969-04-25 Reported As: 1970 P Cr. L J 362 Result: Petition dismissed JUDGMENT JUDGMENT This is an application under section 561-A, Cr. P. C., for quashment of proceedings commenced on an application filed by one Muhammad Amin in the Court of District Magistrate, Lahore, under section 133, Cr. P. C. It appears that this application was dealt in the Court of Mr. S. A. A. Hakeem, Magistrate Ist Class, Lahore, who passed an order on 19th October 1966, to the effect that the factory in dispute be closed. And for purpose of giving an opportunity to the present petitioner to show cause against that order, the learned Magistrate fixed 5th November 1966, as a date for hearing in the case. This order evidently was passed under subsection (1) of section 133, Cr. P. C. The concluding portion of subsection (1) reads as follows :- "Or, if he objects so to do, to appear before himself or some other Magistrate of the first or second class, order, and move to have the order set aside or modified in the manner hereinafter `provided'." 2. The learned counsel for the petitioner himself has stated that after the order, dated 19th October 1966, the petitioner instead of moving the Magistrate in the matter under the above-quoted provision, straightaway came to the High Court and filed this petition because he thought…

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