MADAD KHAN vs The STATE — 1971 SCMR 661

Citation: 1971 SCMR 661

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MADAD KHAN vs The STATE

Headnotes

Case cited as 1971 SCMR 661

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title: MADAD KHAN vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No. 180 of 1971 Criminal JUDGMENT Reported As: 1971 SCMR 661 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.--On the 1st of April 1967, the petitioner was challaned in the Court of the Cantonment Magistrate, Lahore, under sections 406, 420, 468 and 471, P. P. C. On the allegation that the petitioner, had committed a criminal breach of trust and other incidental offences mentioned above in respect of a taxi car, which was entrusted to him as a chauffeur, and which was owned by one, Malik Noor Muhammad. It was further alleged that the car in question had been sold by the petitioner without the owner's permission and that he had forged certain documents to go through that transaction. By his order dated the 5th of December 1970, the learned trial Magistrate discharged the petitioner under section 253(2), Cr. P. C. After having examined only one witness, namely, Malik Noor Muhammad, the owner of the taxi, and without even examining the petitioner to explain the prosecution case, as made out against him by the aforesaid statement. The reasons given for the discharge were that the F. I. R. Lodged in the case was belated by 4 years, and that no tangible reason had been given for this delay, and further that the facts given in the statement of P. W. 1, which is un--corroborated, did not make out any…

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