MUKHTAR ALI AND Another vs THE STATE AND ANOTHERs — 1970 PCRLJ 94

Citation: 1970 PCRLJ 94

Court: Lahore High Court

Year: 1969

Decision Date: 1969-07-22

Parties: MUKHTAR ALI AND Another vs THE STATE AND ANOTHERs

Headnotes

Case cited as 1970 PCRLJ 94

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: MUKHTAR ALI AND Another vs THE STATE AND ANOTHERs Case No.: Criminal Miscellaneous No. 1401 of 1969 Date of Judgment:1969-07-22 Reported As: 1970 P Cr. L J 94 Result: Petition dismissed JUDGMENT JUDGMENT The petitioners feel aggrieved by an order passed by the District Magistrate, Sheikhupura, under section 17 of the Con--ciliation Courts Ordinance, 1961, in his capacity as Controlling Authority, transferring the case pending against them before the Conciliation Court under sections 504/323/34, P. P. C. To the Court of Mr. Iftikhar Ahmad Qureshi, Magistrate 1st Class. The legality of the impugned order is challenged on the grounds firstly, that as shown by the record, the order was passed by the District Magistrate in his capacity as Deputy Commissioner, Sheikhupura, and not as Controlling Authority and secondly, that the provision contained in section 350 of the Cr. P. C. Being inapplicable to a case so transferred to an ordinary Court, Mr. Iftikhar Ahmad Qureshi, learned Magistrate could not proceed afresh by holding de novo trial. 2. Having considered the contentions raised by the learned counsel and having also heard the learned counsel for the State, I am clearly of the view that the petition merits dismissal on more than one grounds. In the first instance, it cannot be denied than the case against the petitioners was exclusively triable by a Conciliation Court before whom it was pending. Section 17…

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