FAZAL KARIM vs The STATE AND Other — 1971 SCMR 721

Citation: 1971 SCMR 721

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: FAZAL KARIM vs The STATE AND Other

Headnotes

Case cited as 1971 SCMR 721

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: FAZAL KARIM vs The STATE AND Other Case No.:Criminal Miscellaneous No. 543/T of 1971 Petition for Special Leave to JUDGMENT Reported As: 1971 SCMR 721 Result: application is remanded Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This petition was filed to call in question an order of a learned Single Judge of the High Court of Lahore dismissing an application under section 526 of the Criminal Procedure Code for the following reason : "The petitioner is directed to move the District Magistrate under section 528, Cr. P. C. In the first instance and allowing him a fortnight for the purpose Stay the proceedings till 22nd July 1971, by which date he may if so advised seek further orders from him in this respect, dismissed." Learned counsel appearing in support of the petition contends that the reason given by the learned Judge for dismissing his application was not valid in law and amounted to a refusal to exercise a jurisdiction vested in him by law. As the question raised is a question of law of some importance, we directed that notice should issue to the Advocate-General, Punjab and that this petition should be heard as an appeal on the present records. We have now heard the learned counsel appearing in support of the appeal as also the learned Additional Advocate-General, Punjab. Learned counsel appearing in support of the appeal contends that the jurisdiction given to the High Court under…

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