NAIK MUHAMMAD AND ANOTHER vs YAR MUHAMMAD-Complainant — 1971 PCRLJ 927

Citation: 1971 PCRLJ 927

Court: Lahore High Court

Year: 1971

Decision Date: 1971-01-25

Parties: NAIK MUHAMMAD AND ANOTHER vs YAR MUHAMMAD-Complainant

Headnotes

Case cited as 1971 PCRLJ 927

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: NAIK MUHAMMAD AND ANOTHER vs YAR MUHAMMAD-Complainant Case No.: Criminal Revision No. 28 of 1971 Date of Judgment:1971-01-25 Reported As: 1971 P Cr. L J 927 Result: Reference accepted Judgment ORDER OF REFERENCE Nek Muhammad and Noor Muhammad petitioners by order, dated 29-9-1970, passed by S.Yed Ali Safdar Kazmi, exercising powers of a Magistrate Ist Class (Section 30), Tehsil Isa Khel, in the district of Mianwali, were directed to remove the unlawful obstruction under section 137(3) of the Criminal Procedure Code within a period of one month from the date of order. The facts of this case are as follows :- On the. 27th of July 1970, Yar Muhammad (now respondent before me) submitted an application to the District Magistrate, Mianwali, stating therein that Nek Muhammad son of Ghulam Muhammad, Noor Muhammad son of Sher Muhammad (now petitioners before me) and others, residents of Tola Mangali, Police Station, Kalabagh, obstructed the path which was being used by the complainant about to months before and that the complainant made a report to the police, Police Station Kalabagh, but with no success, as the police did not take any action in the matter. The application so submitted was entrusted to the Assistant Commissioner, Isa Khel, by the District Magistrate, Mianwali, for an action under section 133 of the- Code of Criminal Procedure. After the application was received by the, Assistant Commissioner, Isa…

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