JAVID UR REHMAN vs THF STATE- — 1970 PCRLJ 248

Citation: 1970 PCRLJ 248

Court: Lahore High Court

Year: 1969

Decision Date: 1969-08-07

Parties: JAVID UR REHMAN vs THF STATE-

Headnotes

Case cited as 1970 PCRLJ 248

Judgment Text

Court Name: Lahore High Court Judge(s): Shafi-ur-Rehman Title: JAVID UR REHMAN vs THF STATE- Case No.: Criminal Appeal No. 551 of 1969 Date of Judgment:1969-08-07 Reported As: 1970 P Cr. L J 248 Result: Appeal returned Judgment ORDER This Criminal appeal under section 486, Cr. P. C. Read with Article 102 of the Islamic Republic of Pakistan, arises out of proceedings in the Court of Civil judge, Ist Class, Lahore, resulting in the conviction of the appellant, who is an Advocate, under section 228. P. P. C. And imposition of a sentence of fine of Rs. 40 and in default simple imprisonment for 15 days. 2. The Assistant Advocate-General raising a preliminary objection, has submitted that the criminal appeal is not competent in this Court because, as required by provisions of section 486, Cr. P. C., it should have been filed in the Court of the District Judge to which Court decrees or orders made iii Courts of Civil Judge, 1st Class, are ordinarily appealable. The learned counsel for the appellant has tried to meet this objection by contending that the learned Civil Judge who has recorded the conviction and imposed the fine is invested with the powers of a Civil Judge. Ist Class and appeals against the decree and orders from his Court ordinarily lie in the High Court except when the value of the suit is less than Rs. 25,000. In addition, he has submitted, this appeal invokes the supervisory authority of the High Court under Article 102 of the Constitution and as such could be…

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