FARZAN ALI vs The STATE — 1969 PCRLJ 439

Citation: 1969 PCRLJ 439

Court: Lahore High Court

Year: 1971

Decision Date: 1971-06-03

Parties: FARZAN ALI vs The STATE

Headnotes

Case cited as 1969 PCRLJ 439

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: FARZAN ALI vs The STATE Case No.: Criminal Miscellaneous No. 216/Q of 1971 Date of Judgment:1971-06-03 Reported As: 1972 P Cr. L J 282 Result: Appeal allowed Judgment ORDER This is a petition under section 561-A, Cr. P. C. for quashing of proceedings pending against the petitioner a Sub-Inspector in the Police Department, under section 180, P. P. C. in the Court of the Assistant Commissioner, Chiniot, having been initiated at the instance of Mr. Bashir Hussain Tahir, Resident Magistrate of that place. 2. The background of the case is that the petitioner had to appear in the Court of Mr. Bashir Hussain Tahir, the complainant Magistrate, on the 15th of April 1971, as a witness in a case, "State v. Muhammad Yaqub", under section 325, P. P. C. and allegedly entered the witness-box without observing the proper formality of saluting the Court. When his attention was allegedly drawn by the learned Magistrate to this com mission, the petitioner replied that he would not salute such a Court, whereupon the learned Magistrate proceeded against the petitioner for an offence under section 228, P. P. C. having recourse to the procedure laid down in sections 480 and 481, Cr. P. C. In the course of these proceedings the petitioner when enquired as to whether he wanted to say anything allegedly replied "Take whatever action you want to take." The proceedings ended in conviction with an award fof a fine of Rs. 200 to the…

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