KHUSHI MUHAMMAD vs MUHAMMAD SADIQ AND ANOTHER — 1969 PLD 74

Citation: 1969 PLD 74

Court: Lahore High Court

Year: 1971

Decision Date: 1971-08-06

Parties: KHUSHI MUHAMMAD vs MUHAMMAD SADIQ AND ANOTHER

Headnotes

Case cited as PLD 1969 Lah. 74

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: KHUSHI MUHAMMAD vs MUHAMMAD SADIQ AND ANOTHER Case No.: Criminal Revision No. 557 and Criminal Miscellaneous No. 5431 of 1970 Date of Judgment:1971-08-06 Reported As: PLD 1972 Lahore 716 Result: Petitions dismissed JUDGMENT JUDGMENT In these two petitions (Crl. Misc. No. 5431 of 1970 and Crl. Revision No. 557 of 1970), the relief claimed according to the learned counsel is the same; therefore, they are being disposed of together by one judgment. 2. A learned Magistrate acting under section 145 of the Code of Criminal Procedure on submission of a report by the police summoned the parties by a short order, to the effect that the report having been received, 'parties be summoned'. Subsequently, the learned Magistrate on 28-4-1970 passed an order in which he mentioned that one party had submitted a written statement. He noticed the nature of the dispute between the parties and also that there was apprehension of breach of the peace between them. At this stage it may be mentioned that the report of the police was before the learned Magistrate and the learned counsel for the parties, according to the report of the learned Magistrate (in Crl. Misc. No. 3455/ 70), "were heard at length". The question had arisen whether the property should be attached. The aforesaid report shows that the learned Magistrate passed the order of attachment "because the apprehension of breach of peace between the parties was found".…

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