ABDUL GHANI AND 2 Others vs THE STATE AND ANOTHER-Opponents — 1973 PCRLJ 261

Citation: 1973 PCRLJ 261

Court: Lahore High Court

Year: 1971

Decision Date: 1971-05-04

Parties: ABDUL GHANI AND 2 Others vs THE STATE AND ANOTHER-Opponents

Headnotes

Case cited as 1973 PCRLJ 261

Judgment Text

Court Name: Lahore High Court Judge(s): Ghulam Rasool K. Sheikh Title: ABDUL GHANI AND 2 Others vs THE STATE AND ANOTHER-Opponents Case No.: Criminal Revision. Application No. 164 of 1968 Date of Judgment:1971-05-04 Reported As: 1973 P Cr. L J 261 Result: Revision allowed JUDGMENT JUDGMENT This is a revision application against the order passed by the learned Additional Sessions Judge, setting aside the order of compensation under section 254, Cr. P. C. Passed by the learned Magistrate. Respondent- Altaf Hussain had filed a complaint under section 341, P. P. C. Against three persons Abdul Ghani, Mohd. Yousuf and Suleman applicants. Evidence was recorded by the learned Magistrate and the applicants were discharged under section 253, Cr. P. C. On 17-12-65. By the same order the learned Magistrate issued a notice under section 250, Cr. P. C. To the respondent to show cause why he should not pay compensation to the applicants. The respondent furnished an explanation. The learned Magistrate rejected the explanation and came to the conclusion that the complaint was false and frivolous. On the basis of this finding he directed the respondent by order dated 25th December 1965 to pay the compensation to the applicants. Against this order no appeal was filed. However, in the meantime the respondent filed a revision petition against the order of discharge but the revision was dismissed on 21-7-67. Subsequently the learned Magistrate served a notice upon the respondent on 14-I1-67 to…

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