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Petitioner: SHAFIQUE AHMAD VS Respondent: STATE And 2 Others
Court Name: Lahore High Court Judge(s): Farrukh Gulzar Awan Title: SHAFIQUE AHMAD vs STATE And 2 Others Case No.: W.P. No, 14531 of 2015 Date of Judgment:2015-10-26 Reported As: PLJ 2017 Lahore 288 Result: Petition allowed
Judgment ORDER ' Shafique Ahmad petitioner has filed this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973 calling in question the legality of order dated 15.9.2015 passed by the learned, Magistrate Section 30, Khanewal whereby SHO concerned was directed to proceed in accordance with law as provided under Sections 174 & 170, Cr.P.C. 2. Learned counsel for Respondent No, 3 assisted by learned DPG for the State have gracefully conceded that the learned Area Magistrate without adopting procedure under Section 176, Cr.P.C., passed the impugned order dated 15.9.2015 in haste. 3. In view of above, writ petition in hand is allowed, impugned order dated 15.9.2015 is set aside and the case is remanded to the learned Judicial Magistrate concerned with the direction to decide the matter afresh after inquiry as required under Section 176, Cr.P.C. Within a period of one month from the date of receiving certified copy of this order.