THE STATE vs Mirza MOHIUDDIN AHMED AID Others — 1970 PCRLJ 131

Citation: 1970 PCRLJ 131

Court: Sindh High Court

Year: 1969

Decision Date: 1969-06-23

Parties: THE STATE vs Mirza MOHIUDDIN AHMED AID Others

Headnotes

Case cited as 1970 PCRLJ 131

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title: THE STATE vs Mirza MOHIUDDIN AHMED AID Others Case No.: Criminal Reference No. 79 of 1968 Date of Judgment:1969-06-23 Reported As: 1970 P Cr. L J 131 Result: Reference accepted JUDGMENT JUDGMENT This reference has been made by the District Magistrate, Sukkur, for the quashment of the order of the learned Civil Judge and First Class Magistrate, Rohri dismissing the complaint filed under section 145, Cr. P. C. On the ground that since respondent Mirza Mohiuddin Ahmed has not been' able to establish .That he was dispossessed within two months from the date of the filing of the complaint, the proceedings cannot, therefore, lie and his complaint seas accordingly, dismissed on that ground. It appears that Mirza Mohiuddin Ahmad had filed an application under section 145, Cr. P. C. Against the respondents Masoom Ali. Khan and others alleging that they were trying to obtain forcible possession of the land and that there was a dispute which was likely to lead to a breach of peach. A preliminary order was passed by the Civil Judge and First Class Magistrate, Rohri on 9th May 1967 whereby he had called upon the respondents to file their written statements and to establish their claim with regard to the possession of the disputed land. By the same order the Zamindari share of the produce of the said land was attached and the Tapedar was appointed a receiver. 2. On the conclusion of the proceedings, the learned Civil Judge…

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