MASOOD AHMAD vs M. A. BAJWA, DEPUTY COMMISSIONER, SARGODHA AND — 1970 SCMR 393

Citation: 1970 SCMR 393

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MASOOD AHMAD vs M. A. BAJWA, DEPUTY COMMISSIONER, SARGODHA AND JUDGMENT

Headnotes

Case cited as 1970 SCMR 393

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Hamoodur Rahman Title:MASOOD AHMAD vs M. A. BAJWA, DEPUTY COMMISSIONER, SARGODHA AND JUDGMENT Reported As: 1970 SCMR 393 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, J.-The petitioner, who was charged with an offence under section 302 of the Pakistan Penal Code, sought to challenge in the High Court of West Pakistan the order of the Deputy Commissioner, Sargodha, passed on the 11th of May 1962, under section 11 of the Frontier Crimes Regulation No. III of 1901, withdrawing his case from the Court of the A. D. M., Sargodha, and referring it to the decision of a Council--of-Elders. For this purpose he moved the High Court both in its writ jurisdiction as also by an application under section 526 of the Criminal Procedure Code. No notice was issued in the writ petition, but as the points raised were common in both the matters, they were heard and disposed of together by a Division Bench of the said High Court which dismissed them both. The petitioner now seeks special leave to appeal from the aforesaid judgment and' order on substantially the same grounds as were urged before the High Court. The Frontier Crimes Regulation, which was originally designed, as mentioned in its preamble, "to provide for the suppression of crimes in certain frontier districts", extended at first to the districts of Peshawar, Kohat, Hazara, Bannu, Dera Ismail Khan and Dera Ghazi Khan, and the Provincial Government…

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