GHULAM MUSTAFA vs THE STATE AND 2 OTHERSs — 1971 PCRLJ 551

Citation: 1971 PCRLJ 551

Court: Lahore High Court

Year: 1970

Decision Date: 1970-01-20

Parties: GHULAM MUSTAFA vs THE STATE AND 2 OTHERSs

Headnotes

Case cited as 1971 PCRLJ 551

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: GHULAM MUSTAFA vs THE STATE AND 2 OTHERSs Case No.: Criminal Revision No. 41 of 1965 Date of Judgment:1970-01-20 Reported As: 1971 P Cr. L J 551 Result: Petition dismissed Judgment ORDER This criminal revision filed by Ghulam Mustafa petitioner is directed against the revisional order of the Additional Sessions Judge, Rawalpindi, dated the 10th of November 1965, whereby an order passed by the learned Magistrate under section 147, Cr. P. C. Directing the petitioner not to raise an obstruction in the public street by constructing a wall at points A and B in site plan Exh. P. A. Was upheld. 2. The simple background of the case is that Messrs Zahur Ahmad and Manzur Ilahi respondents filed an application before the Magistrate Ist Class, Rawalpindi, under sections 133, 145 and 147, Cr. P. C. Alleging that the petitioner was going to block a public passage by raising a wall at points A & B in the site plan Exh. P. A. And that this was likely to lead to breach of the peace. Vide his order dated the 30th of December 1963, the learned Magistrate passed a preliminary order under subsection (1) of section 147, Cr. P. C. That he was satisfied as to the existence of a dispute likely to cause a breach of peace in respect of the right of user of the street in question and called upon the parties to put in written statements in support of their claims. The position taken up by the petitioner was that the disputed portion…

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