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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD RAFIQUE VS Respondent: CIVIL JUDGE AND JUDICIAL MAGISTRATE NO.1 and 6 others
Court Name: Sindh High Court Judge(s): Ghulam Sarwar Korai Title:MUHAMMAD RAFIQUE vs CIVIL JUDGE AND JUDICIAL MAGISTRATE NO.1 and 6
others Case No.: Criminal Miscellaneous No,66 of 2009 Date of Judgment:2009-10-06 Reported As: 2010 YLR 49 Result: Application allowed Judgment ORDER ' GHULAM SARWAR KORAI, J.---Present applicant lodged F.I.R. No,181 of 2008 and same was disposed of in "B" Class vide order dated 12-1-2009 passed by the learned Civil Judge & Judicial Magistrate No,1, Hala and complainant was ordered to be prosecuted under section 182 P.P.C, in compliance of this order a report was filed by the S.H.O, Police Station, Hala and thereafter proceedings against the applicant were initiated in the Court of Civil Judge & Judicial Magistrate No,1, Hala. Learned counsel for the applicant states that he will be satisfied if the proceedings against the applicant before learned trial Court are quashed. Though the F.I.R. No,181/2008 under sections 365-B & 392 P.P.C. Of PS Hala was not proved during investigation and the same was disposed of in "B" Class but taking action against the applicant and proceedings under section 182 Cr.P.C. Could not be required under the law. I allow this criminal miscellaneous application and quash the proceedings No,2/2009 pending against the applicant in the Coot of learned Civil Judge & Judicial Magistrate No,1, Hala on the report of S.H.O. Police Station, Hala.