ABDUR REHMAN AND 5 OTHERS vs THE STATE AND 3 OTHERS — 1963 PLD 270

Citation: 1963 PLD 270

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-05-29

Parties: ABDUR REHMAN AND 5 OTHERS vs THE STATE AND 3 OTHERS

Headnotes

Case cited as PLD 1963 SC 270

Judgment Text

Court Name: Peshawar High Court Judge(s): Muhammad Afzal Cheema, Qaisar Khan Title: ABDUR REHMAN AND 5 OTHERS vs THE STATE AND 3 OTHERS Case No.: Writ Petition No, 614 of 1968 Date of Judgment:1970-05-29 Reported As: PLD 1971 Peshawar 61 Result: Petition accepted JUDGMENT JUDGMENT QAISAR KHAN, J.--On 7-9-1964 the dead body of Diljan son of Maghullah, a young boy aged 11/12 years, a resident of village Khawargai Kotla Saudad Khan of the Domel Police Station of the Bannu District was found at a place known as "Torekh Grang", situated in the tribal territory attached to Bannu District. (It may be mentioned here that there is some tribal territory bordering Bannu District which is attached to Bannu District and for which the Deputy Commissioner, Bannu acts as Political Agent). 2. Mirabat, uncle of Diljan, reported the matter at Police Station, Domel charging his co-villagers Abdur Rahman and Faraz Khan, sons of Saudad Khan and Gulla Khan, and Sahib Khan, sons of Sharam Khan for the offence, where a case was registered. The Police after investigation and after obtaining permission under section 188, Cr. P. C. from the Deputy Commissioner, Bannu in his capacity as Political Agent for the tribal area put in challan against the aforesaid four persons and two others namely, Resham Khan and Wali Khan in the Court of the Local Magistrate. 3. The Commissioner, D. I. Khan Division, however, by his order, dated 6-1-1965 referred the question of the guilt or innocence of the accused to…

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