ABDUR RASHID vs TAJ DIN AND ANOTHERs Case No — 1970 PCRLJ 282

Citation: 1970 PCRLJ 282

Court: Lahore High Court

Year: 1969

Decision Date: 1969-06-06

Parties: ABDUR RASHID vs TAJ DIN AND ANOTHERs

Headnotes

282 Result: Case remanded JUDGMENT JUDGMENT This is a revision petition against the order of Mr. Salim Akhtar, Additional District Magistrate, Lahore, dated 25th of April 1964, whereby the order of discharge passed by Malik Sarfraz Ahmad, Magistrate First Class on 10th of January 1964, is respect of Taj Din accused was upheld.

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: ABDUR RASHID vs TAJ DIN AND ANOTHERs Case No.: Criminal Revision No. 475 of 1964 Date of Judgment:1969-06-06 Reported As: 1970 P Cr. L J 282 Result: Case remanded JUDGMENT JUDGMENT This is a revision petition against the order of Mr. Salim Akhtar, Additional District Magistrate, Lahore, dated 25th of April 1964, whereby the order of discharge passed by Malik Sarfraz Ahmad, Magistrate First Class on 10th of January 1964, is respect of Taj Din accused was upheld. 2. The petitioner before me is the complainant in the case. It appears from the file that the complainant had filed a complaint against the respondent under section 406 of the Pakistan Penal Code. The case changed hands four times. When it came to the Court of Malik Sarfraz Ahmad, some evidence had already been recorded by some other Magistrate. The respondent claimed de nevo trial and the evidence of four witnesses was recorded. A charge had already been framed against him by another Magistrate. It is, however, not denied that some other evidence was yet to be recorded when on 10th of January 1964, the case was called. The complainant, and the accused were found absent. The learned Magistrate thereupon ordered the discharge of Taj Din under section 259 of the Code of Criminal Procedure. The complainant then filed a revision petition before the learned District Magistrate which, as stated earlier, was dealt with by the learned Additional District…

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