MUHAMMAD EHSAN vs The STATE — 1971 SCMR 227

Citation: 1971 SCMR 227

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-03-03

Parties: MUHAMMAD EHSAN vs The STATE

Headnotes

Case cited as 1971 SCMR 227

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD EHSAN vs The STATE Case No.: Criminal Appeal No. 9 of 1970 Criminal Revision No. 529 of 1966 Date of Judgment:1971-03-03 Reported As: 1971 SCMR 227 Result: Appeal dismissed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave is from an order of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore, dismissing a revisional application from an order of a First Class Magistrate rejecting the appellant's objec--tions to the maintainability of the complaint against the appellant under sections 420, 468, 471 and 109 of the Pakistan Penal Code by a Civil Judge, Lahore. There was a civil suit instituted before the said Civil Judge by one Mohammad Abid son of Mohammad Janan Khan, against the appellant's brother Mohammad Janan Khan. It was subse-- quently discovered that somebody had fraudulently brought the suit in the name of the said Mohammad Abid. The learned Civil Judge had a preliminary enquiry and ordered that a complaint be filed against the appellant and in consequence the aforesaid com--plaint was made against the appellant sometime in the year 1965. It has transpired that the appellant was merely a witness to the service of summons and not a party to the said suit. Leave to appeal was granted by this Court to consider the question whether the Presiding Officer of a civil Court could lodge a complaint against a witness under…

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