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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: HAQ NAWAZ VS Respondent: GHULAM MUHAMMAD
Court Name: Supreme Court of Pakistan Judge(s): Raja Afrasiab Khan, Munawar Ahmed Mirza, Zia Mahmood Mirza Title: HAQ NAWAZ vs GHULAM MUHAMMAD Case No.: C.R. No,277 of 1996 Civil Petition No,1270-L of 1996 Date of Judgment:1997-02-24 Reported As: 1998 SCMR 225 Result: Leave granted
Judgment ORDER ' ZIA MAHMOOD MIRZA, J.---Contends, inter alia, that the proceedings under section 133 Cr.P.C. Are preventive/curative in nature and as such the proceedings under section 133 initiated by the petitioner against the respondent did not amount to prosecution much less malicious prosecution. That being so, the suit filed by the respondent against the petitioner claiming damages for malicious prosecution was misconceived. Leave to appeal is granted to the petitioner to examine this contention. ' Execution of the impugned decree is stayed pending the hearing of the appeal which may be fixed at an early date as only a short point involved in the appeal.