MUHAMMAD JAVED AND Another vs THE STATE — 1971 PCRLJ 665

Citation: 1971 PCRLJ 665

Court: Lahore High Court

Year: 1970

Decision Date: 1970-11-25

Parties: MUHAMMAD JAVED AND Another vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 665

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri Title: MUHAMMAD JAVED AND Another vs THE STATE Case No.: Criminal Revision No. 402 of 1970 Date of Judgment:1970-11-25 Reported As: 1971 P Cr. L J 665 Result: Order accordingly JUDGMENT JUDGMENT Muhammad Javed and Abdul Aziz were tried by a Magistrate at Gujranwala under section 294, P. P. C. For causing annoyance to Mst. Shahida Iqbal a school teachers by uttering obscene words. Each one of them was convicted and sentenced to 15 days' R. I. And a fine of Rs. 200 on 31st December 1968. Both of them appealed and the learned Sessions Judge, Gujranwala, by his order dated 17th May 1969, remanded the case for fresh trial under section 509, P. P. C. This order was challenged by revision petition in this Court, Another application was submitted by the petitioners for quashing the proceedings pending before the City Magistrate after the remand. Both these petitions are disposed of by this order. 2. The occurrence took place on 20th February 1968, and the remand order was passed on 17th May 1969. Learned counsel for the petitioners vehemently contended that this was an order of acquittal and not an order of remand under section 423, Cr. P. C. Because conviction and sentence of the petitioners have been set aside. The absence of word `acquittal' from the judg--ment would not deprive the petitioners of acquittal from the charges. The argument is ill founded for in case of a remand the conviction and sentence have to be set…

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