IQBAL HUSSAIN SIDDIQUI AND 2 Others vs The STATE — 1970 SCMR 726

Citation: 1970 SCMR 726

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-05

Parties: IQBAL HUSSAIN SIDDIQUI AND 2 Others vs The STATE

Headnotes

Case cited as 1970 SCMR 726

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: IQBAL HUSSAIN SIDDIQUI AND 2 Others vs The STATE Case No.: Criminal Appeal No. 134 of 1969 Date of Judgment:1970-05-05 Reported As: 1970 SCMR 726 Result: Order accordingly JUDGMENT JUDGMENT HAMOODUR RAHMAN C. J.-The appellants, who are Deputy Superintendent, Inspector and Sepoy of the Customs Department Anti-Smuggling Squad, Nowshera respectively, were challaned on the 22nd of February 1968, under section 302 read with section 34 of the Pakistan Penal Code for the murder of one Muzaffar Khan son of Noor Kamal. The Assistant Commissioner, Nowshera, on perusal of the first information report, took the view that since it was stated therein that the Customs Staff involved in the case "were on checking duty' and it was as a result of their firing that the deceased was killed" the prosecution had to furnish a proper sanction under section 197, Cr. P. C. For the prosecu--tion of the appellants who were all employees of the Central Government. As this was not done, the accused were discharged by his order dated 16th October 1968. On the same date, a complaint filed on the 26th August 1967, by one Akhtar Ahmad against the appellants, alleging an offence under section 302/34, P. P. C., was also dismissed for want of sanction under section 197 of the Criminal Pro--cedure Code by the same learned Magistrate. Against this order the prosecution went up in revision under section…

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