ALLAHBANDA AND Another vs Haji AKHIAUDDIN AND Another — 1971 SCMR 367

Citation: 1971 SCMR 367

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-10

Parties: ALLAHBANDA AND Another vs Haji AKHIAUDDIN AND Another

Headnotes

Case cited as 1971 SCMR 367

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: ALLAHBANDA AND Another vs Haji AKHIAUDDIN AND Another Case No.: Criminal Petition for Special Leave to Appeal No. 17-P of 1971 Date of Judgment:1971-04-10 Reported As: 1971 SCMR 367 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-A complaint under sec--tions 419 and 420, P. P. C. Was filed against the petitioners by Haji Akhiauddin, respondent, in the Court of a Magistrate at Bannu. The petitioners who reside in Karachi and were summoned to appear in Court thereupon moved the High Court of N.-W. F. P. Under section 561-A, Cr. P. C., for quashment of the complaint and in the alternative for transfer of the case to Peshawar District. At the hearing of the petition the learned counsel for the petitioners did not press for quashment of the proceedings in the complaint and the prayer to that effect was rejected. The second prayer was, however, allowed and the case was transferred to the Court of a Magistrate in district Dera Ismail Khan. Before any witnesses were examined, the petitioners again applied to the High Court for quashment of the proceedings under section 561-A, Cr. P. C. The application was dismissed by another learned Judge on the ground that a previous application in similar terms had been dismissed by a Judge of this Court and he was not competent to review his order. The petitioners now seek leave to appeal inter alga on the ground that…

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