ABDUL HAMID vs SARDAR-MUHAMMAD and anothers — 1972 PCRLJ 183

Citation: 1972 PCRLJ 183

Court: Lahore High Court

Year: 1971

Decision Date: 1971-07-28

Parties: ABDUL HAMID vs SARDAR-MUHAMMAD and anothers

Headnotes

Case cited as 1972 PCRLJ 183

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: ABDUL HAMID vs SARDAR-MUHAMMAD and anothers Case No.: Criminal Revision No. 258 of 1965 Date of Judgment:1971-07-28 Reported As: 1972 P Cr. L J 183 Result: Petition dismissed JUDGMENT JUDGMENT This revision petition is directed against Hie order of CL ltuliaz Ahmad Sabi, Magistrate First Class, Lyallpur, who refused to proceed with the ease initialed under section 145 of the Code of Criminal Procedure against the respondents on the ground that the land in question belongs to the Evacuee Trust and the provisions of section 145 of the Criminal Procedure Code were not applicable to it in view of Sh. Mohd. Zafar v. The State and another (1). A revision petition tiled before the learned District Magistrate was dismissed. 2. It is conceded by Mr. S. M. Masud, learned counsel for the respondents that in view of the pronouncement of the Supreme Court in S. M. faff or v. A. Q. Shaukat and another (2), a Magistrate is competent to take cognizance of proceedings under section 145, Cr. P. C. even in respect of the evacuee property, lie, however, submits that according to the findings of the Magistrate in paragraph 6 of the impugned order, the petitioner had ceased to be the allottee and the allotment had been cancelled by the order of the Settlement Authorities. According to him the petitioner had no cause of action. Mr. Jariullah submits that according to his instructions this land has been restored to the present…

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