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Petitioner: MUMTAZ H.USSAIN SHAH VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Shafi-ur-Rehman Title: MUMTAZ H.USSAIN SHAH vs The STATE Case No.: Criminal Petition for Special Leave to Appeal No. 56 of 1985 Date of Judgment:1985-02-18 Reported As: 1985 SCMR 1211 Result: I.
Judgment ORDER ASLAM RIAZ HUSSAIN, J.--Mumtaz Hussain Shah petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore, dated 26-1-1985, dismissing his criminal appeal. 2. The petitioner who is a Sub-Engineer was accused of preparing false record about the repairs allegedly carried out by Muhammad Rafiq contractor,(his co-accused), in the nature of white- washing, painting and mud-plaster etc. Of 49 tube wells of Mianwali Section. He was, therefore, tried alongwith the abovesaid Muhammad Rafiq contractor for offences under section 218/109, P.P.C. They were sentenced to 6 months R.I. Each. Both of them filed an appeal before the High Court. The appeal of Muhammad Rafiq was accepted and he was acquitted, while the appeal of the petitioner was dismissed vide the impugned judgment. 3. Feeling aggrieved Mumtaz Hussain Shah has filed the present petition for leave to appeal. 4. We have heard the learned counsel for the petitioner and gone through the impugned judgment. We are of the view that the guilt has been squarely brought home to the petitioner and the case does not warrant any interference by this Court. Leave is consequently refused.