Syed PARIAL SHAH vs THE STATE AND 4 Other — 1973 PLD 265

Citation: 1973 PLD 265

Court: Sindh High Court

Year: 1970

Decision Date: 1970-02-04

Parties: Syed PARIAL SHAH vs THE STATE AND 4 Other

Headnotes

Case cited as PLD 1973 Karachi 265

Judgment Text

Court Name: Sindh High Court Judge(s): Sheikh Anwarul Haq, Muhammad Hayat Junejo Title: Syed PARIAL SHAH vs THE STATE AND 4 Other Case No.: Criminal Revision No.' 26 of 1967 Date of Judgment:1970-02-04 Reported As: PLD 1973 Karachi 265 Result: Reference answered JUDGMENT JUDGMENT M. HAYAT JUNEJO, J.-The following two questions have been referred to this Division Bench :- (1) Whether the revision petition is competent in spite of non--compliance with the provisions of rule 1-A, Part A(b), Chapter I, Volume V of the Lahore High Court Rules and Orders ? (2) Whether In view of the provisions of section 403, Cr. P. C. It is open to the petitioner to file a fresh complaint on the same facts, as stated by the learned Magistrate? 2. In order to appreciate the points involved it would be necessary to state some relevant facts. 3. On 13-9-1965, petitioner Parial Shah filed a complaint under sections 406 and 420, P. P. C. Against the respondents 2 to 5 ; wherein it was alleged that the petitioner had purchased a taxi from respondent 13adarUddln, who handed over the same to the ;petitioner but did not give him the necessary papers relating thereto, In the meantime, the petitioner was involved in a case at Hyderabad and the taxi remained in the charge of respondent Moula Bux, who was staying in the house of the petitioner when the latter was in jail. It was alleged that at that time respondent Moula Bux went to the petitioner at Hyderabad and got a cheque for Rs. 425.00 from him for…

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