MAJOR ATA MUHAMMAD KHAN AND 2 OTHERS vs THE STATE — 1968 PCRLJ 1760

Citation: 1968 PCRLJ 1760

Court: Lahore High Court

Year: 1970

Decision Date: 1970-10-14

Parties: MAJOR ATA MUHAMMAD KHAN AND 2 OTHERS vs THE STATE

Headnotes

Case cited as 1968 PCRLJ 1760

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: MAJOR ATA MUHAMMAD KHAN AND 2 OTHERS vs THE STATE Case No.: Criminal Miscellaneous No. 6029 of 1970 Date of Judgment:1970-10-14 Reported As: 1971 P Cr. L J 1228 Result: Petition allowed JUDGMENT JUDGMENT On the 16th' of June 1969, at 10-15 p.m. a case under section 302/307/34, P. P. C. Etc. Was registered at Police Station Qila Gujar Singh, Lahore at the instance of one Mst. Shamim Durrani, who did not claim to be an eye-witness of the occurrence which resulted in the death of one Mushtaq and incised injuries to Nur Muhammad P: V. 2. The occurrence allegedly took place in front of the house of Major Ata Muhammad petitioner No. 1. As a result of police investigation, the three petitioners, namely, Major Ata Muhammad, Mushtaq Ahmad and Muhammad, Saeed, were sent up and are now facing inquiry in the Court of the committing Magistrate. They have filed this petition for quashing of inquiry proceedings, which have lingered on for more than a year on the ground that not a single witness bas inculpated them and as such any further continuation of the inquiry proceedings would amount to an abuse of the process of the Court. A perusal of the record bears out to the factual correctness of this position inasmuch as even Nur Muhammad P. W. 2.An injured companion of the deceased; has not named any of the petitioners or for that matter any other person as the assailant being responsible for the death of his companion…

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