THE STATE vs AMIR ALI And ANOTHER — 1972 PCRLJ 429

Citation: 1972 PCRLJ 429

Court: Sindh High Court

Year: 1971

Decision Date: 1971-07-09

Parties: THE STATE vs AMIR ALI And ANOTHER

Headnotes

Case cited as 1972 PCRLJ 429

Judgment Text

Court Name: Sindh High Court Judge(s): Noorul Arfin Title: THE STATE vs AMIR ALI And ANOTHER Case No.: Criminal Reference No. 26 of 1971 Date of Judgment:1971-07-09 Reported As: 1972 P Cr. L J 429 Result: Reference accepted JUDGMENT JUDGMENT This is a reference by Syed Abdur Rehman, IV Additional Sessions Judge, Karachi on a revision filed by Amir Ali under section 435 against the order passed by a Sub-Divisional Magistrate at Karachi under section 146 of the Criminal Procedure Code. The dispute relates to Shop No. L.R.-6/6-P-B- IV- 31-G/1, Lawrence Quarters, Old Haji Camp, Karachi. It is alleged that this shop was handed over to Amir Ali, one of the respondents before me, by Rajab Ali and Mst. Khadija Bai, uncle and mother respectively of Mahboob Ali. Amir Ali carried on business of iron scraps in the shop until 26-10-1968. The shop as well as the articles lying therein were sealed by the order of the Sub-Divisional Magistrate passed under section 145 of the Criminal Procedure Code. There was civil litigation also between the parties, and I am informed, by statements at the Bar, that this litigation is still pending. However, not satisfied with civil litigation, Mahboob Ali filed an application under section 145 of the Criminal Procedure Code which was put up before the Sub-Divisional Magistrate concerned who, on 26-10-1968, had the shop sealed by his order. Amir Ali appeared before the Sub-Divisional Magistrate and thereafter proceedings commenced before this officer…

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