Haji MUHAMMAD HUSSAIN vs THE STATE — 1954 PLD 29

Citation: 1954 PLD 29

Court: Peshawar High Court

Year: 1969

Decision Date: 1969-10-06

Parties: Haji MUHAMMAD HUSSAIN vs THE STATE

Headnotes

Case cited as PLD 1954 Bal. 29

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: Haji MUHAMMAD HUSSAIN vs THE STATE Case No.: Criminal Revision No. 170 of 1969 Date of Judgment:1969-10-06 Reported As: PLD 1970 Peshawar 58 Result: Revision accepted JUDGMENT JUDGMENT A brief history of the case will facilitate its understanding. 2. On 15-8-68 Haji Muhammad Sadiq (P. W. 3) of village Paharpur along with Nur Muhammad, son of Haji Muhammad Din, Chairman Town Committee, Paharpur, submitted an apple--cation to the Commissioner, D. 1. Khan, to take proceedings under the Goondas Ordinance against Muhammad Hussain petitioner, on the allegations mentioned in the application. This application was directed to D. C./S. P., D. I. Khan. Ultimately the application reached S. I. Bahadur Khan, S. H. - O. Paharpur Police Station, who after making some inquiries drew the complaint Exh. P. A. Under sections 13/14 of the Goondas Ordinance, and filed it before the Tribunal D. I. Khan. The Tribunal (District Magistrate, D. I. Khan) took cognizance of the complaint under section 5 of the West Pakistan Control of Goondas Ordinance, 1959 (hereinafter called the Ordinance) and conducted the trial as a summons case under section 10 of the Ordinance to inquire into the" truth or otherwise of the infor- -mation upon which action has been taken. In this regard the Tribunal served a notice dated 14-12- 68 upon the petitioner containing particulars of the allegations. The petitioner denied the allegations. He wanted to…

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