THE STATE vs Syed MASOOD AHMED — 1971 PCRLJ 1216

Citation: 1971 PCRLJ 1216

Court: Sindh High Court

Year: 1970

Decision Date: 1970-05-07

Parties: THE STATE vs Syed MASOOD AHMED

Headnotes

Case cited as 1971 PCRLJ 1216

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: THE STATE vs Syed MASOOD AHMED Case No.: Criminal References Nos. 49 of 1968 and 84 of 1969 Date of Judgment:1970-05-07 Reported As: 1971 P Cr. L J 1216 Result: References accepted JUDGMENT JUDGMENT These are the references by the learned Additional Sessions Judges, Karachi, for the quashment of the proceedings arising out of the same case. In this case the first report was lodged with the police on 17-12-1964 for an offence under sections 420 and 468, P. P. C. The respondents were challaned on 11-3-65. However, no progress was made till 8-2-66 when three witnesses appeared and out of them to were given up while one witness was examined and he did not support the prosecution. Thereafter no other witness appeared and finally on 15-8-66 an application was made by the Public Prosecutor under the instructions of the District Magistrate for the withdrawal of the case. Necessary permission was granted by the Magistrate trying the case and the respondents Were discharged under section 494(a), Cr. P. C. However, on 13th August 1967; i. e. After about a year a fresh challan on the same facts and allegations was presented. The respondents, aggrieved by this challan, filed to separate revision petitions in the Sessions Court. The learned Additional Sessions Judges who dealt with those revision petitions were of the view that the impugned order was not sustainable and the Magistrate was not competent to proceed with…

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