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Citation: 1970 PCRLJ 983
Court: Lahore High Court
Year: 1969
Decision Date: 1969-07-02
Parties: HABIB AHMAD. vs THE STATE
Case cited as 1970 PCRLJ 983
Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: HABIB AHMAD. vs THE STATE Case No.: Criminal Revision No. 52 of 1964 Date of Judgment:1969-07-02 Reported As: 1970 PCr. L J 983 Result: Petition accepted JUDGMENT JUDGMENT As a result of a summary trial by Mr. G. M. Mansoor, learned Magistrate, Lyallpur, the petitioner has been convicted under section 116 of Municipal Administration Ordinance, 1960 and sentenced to a fine of Rs. 150. His appeal having bee dismissed by the learned Sessions Judge on 2nd October 196: this is a revision petition. 2. Mr. C. R. Aslam, the learned counsel for the petitioner has relied on section l18 of the Ordinance to contend that a offence punishable under section 116 can be taken cognizance by a Magistrate only on a complaint in writing received from the Chairman of, or a person generally or specially authorised, by the Municipal Committee, in this behalf. Section 116 general punishes the offences under the Ordinance while section 115 defines the offences. The detailed definition of offences is in the Second Schedule of the Ordinance, wherein item No. 7, reads as follows:-- "making an encroachment on any public road, public street Committee or public place without the sanction of the Municipal Committee. The learned counsel has further contended that the learned Magistrate,, in column No. 10 relating to summary of evidence for prosecution, if any, has mentioned only "had a tal of wood in the middle of the road". This,…
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