THE STATE vs FAIZ MUHAMMAD AND ANOTHER — 1971 PCRLJ 264

Citation: 1971 PCRLJ 264

Court: Lahore High Court

Year: 1970

Decision Date: 1970-07-24

Parties: THE STATE vs FAIZ MUHAMMAD AND ANOTHER

Headnotes

Case cited as 1971 PCRLJ 264

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Munir Farooqi Title: THE STATE vs FAIZ MUHAMMAD AND ANOTHER Case No.: Criminal Revision No. 1200 of 1964 Date of Judgment:1970-07-24 Reported As: 1971 P Cr. L J 264 Result: Reference partly accepted JUDGMENT JUDGMENT Ashiq Hussain and Faiz Muhammad petitioners were convicted under section 411, P. P. C. On the 3rd of August 1964, by Mr. Ziaul Hasan Qureshi, then Magistrate 1st Class, Bahawalpur, who sentenced Ashiq to R. I. For one year and Faiz Muhammad to R. I. For six months. Aggrieved by this order they filed a petition under section 435, Cr. P. C. In the Court of Session Judge, Bahawalpur, questioning the correctness of this order who called for the record and examining the same found that the provisions of section 251-A of the Code of Criminal Procedure had not been complied with in disposing of this case. He, therefore, forwarded the case to this Court with the recommendations that the proceedings taken by the trial Court may be quashed and the case remanded -for fresh trial and disposal in-accordance with law. 2. The reference was admitted on the 7th of January, 1965, with notice to the petitioners as also to the State. 3. I have heard the counsel for the parties 1O0 have taken me through the record of the case and find that the petitioners were arrested on the 31st of July 1964, and the investigation was completed within three days as the challan was put in, Court on the 3rd of August 1964. They were produced along…

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