THE STATE vs ABDUL HAMID AND ANOTHER — 1970 PCRLJ 384

Citation: 1970 PCRLJ 384

Court: Sindh High Court

Year: 1970

Decision Date: 1970-10-01

Parties: THE STATE vs ABDUL HAMID AND ANOTHER

Headnotes

Case cited as 1970 PCRLJ 384

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo Title: THE STATE vs ABDUL HAMID AND ANOTHER Case No.: Criminal Reference No. 45 of 1968 Date of Judgment:1970-10-01 Reported As: 1970 P Cr. L J 384 Result: Reference rejected JUDGMENT JUDGMENT This is a reference under section 438, Cr. P. C. By the learned Second Additional Sessions Judge, Hyderabad, recommending that the order dated 9th September 1967, passed by the learned City and S. D. M., Hyderabad, whereby the learned Magistrate ordered that one Mst. Fatima Begum be summoned as a witness under section 540, Cr. P. C. In a case under section 420, P. P. C. Pending against the respondents, be quashed. 2. The prosecution case against the respondents was that Mst. Fatima Begum, P. W. 2, who was a displaced person had received a Compensation Book No. 91786/HDR/III-500, from the. Deputy Settlement Commissioner, Hyderabad, for a Deferred Payment Claim for Rs. 8,100,00. She had given the Compensa--tion Book to her husband complainant Mahmood Ali alongwith a power-of- attorney in his favour. Respondent No. 2, namely, Ibrahim was a peon in the Settlement Department and was known to the complainant as they used to meet at the shop of one Abdul Ghafoor. On 20- 1-1961, respondant Ibrahim got this Compensa--tion Book from the complainant in presence of P. W. Abdul Hamid and Ahmed Ali on the pretext that he would get him a house on the basis of his wife's Deferred Payment Claim. The com--plainant thereafter went to the…

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