Mirza INAYATULLAH AND Another vs Ch. MUHAMMAD SHAFI — 1971 PCRLJ 498

Citation: 1971 PCRLJ 498

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-26

Parties: Mirza INAYATULLAH AND Another vs Ch. MUHAMMAD SHAFI

Headnotes

Case cited as 1971 PCRLJ 498

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: Mirza INAYATULLAH AND Another vs Ch. MUHAMMAD SHAFI Case No.: Criminal Miscellaneous No. 4736 of 1968 Date of Judgment:1970-03-26 Reported As: 1971 P Cr. L J 498 Result: Proceedings quashed JUDGMENT JUDGMENT 13y this petition under section 561-A, Cr. P. C., the petitioners who are residents of Gujrat seek the quashment of proceedings pending against them in a case under section 420, P. P. C. Before Sub- Divisional Officer, Jehalawan Khuzdar, on a complaint filed by the respondent who also originally belonged to Gujrat but was, at the relevant the, serving as Superintendent, District Officer, Khuzdar, District Kallat. 2. The facts, as disclosed in the petition as well as in the complaint made by the respondent which has been read from the record by the learned counsel for the petitioner, do disclose a prima facie case on merits in which this Court might have exercised its powers under section 561-A; but the learned counsel for the respondent has raised a preliminary objection which the learned counsel for the petitioner has found it difficult to answer. The objection is that by promulgation of West Pakistan Criminal Law (Special Provisions) Ordinance (II of 1968) on 16th January 1968, all offences as defined in Pakistan Penal Code were defined as scheduled offences' under that law and by virtue of section 4 thereof, the Deputy Commissioner concerned had the exclusive jurisdiction to take cognizance of…

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