ABDUL QADIR And Others vs The STATE — 1963 PLD 233

Citation: 1963 PLD 233

Court: Baghdad-ul-Jadid

Year: 1970

Decision Date: 1970-01-28

Parties: ABDUL QADIR And Others vs The STATE

Headnotes

Case cited as PLD 1963 Pesh. 233

Judgment Text

Court Name: Baghdad-ul-Jadid Judge(s): Sardar Muhammad Iqbal Title: ABDUL QADIR And Others vs The STATE Case No.: Criminal Reference No, 2 of 1970 Date of Judgment:1970-01-28 Reported As: 1972 P Cr. L J 742 Result: Petition allowed JUDGMENT JUDGMENT Allah Diwaya had taken on contract from the Town Committee, Khairpur, Tehsil Hasilpur, the right of realization of the octroi fee pertaining to the Octroi Post of the Town. Riaz Ahmad Rahmani was opposed to Allah Diwaya who had been instigating the people not to pay the octroi fee. There existed rivalry between the two and at times resulted in open clashes. The Station House Officer of Police Station Khairpur, submitted two reports against Allah Diwaya and Riaz Ahmad and the members of his part, respectively for taking action under section 107/150 of the Code of Criminal Procedure. The Resident Magistrate, Hasilpur, by his order dated the 22nd of August 1969 summoned the persons mentioned in the report for appearance for being proceeded against under section 107/150, Cr. P. C. Both of them put in two separate petitions questioning the validity of the notices before the learned Sessions Judge who has made this reference for setting aside the order on the ground that the notices issued by the learned Magistrate were violative of the provisions contained in section 112 of the Code of Criminal Procedure. 2. Section 112 of the Code of Criminal Procedure, noncompliance of which by the learned Magistrate has resulted into this…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.