THE STATE vs IQBAL AHMED AND Others — 1971 PCRLJ 745

Citation: 1971 PCRLJ 745

Court: Sindh High Court

Year: 1966

Decision Date: 1966-01-31

Parties: THE STATE vs IQBAL AHMED AND Others

Headnotes

Case cited as 1971 PCRLJ 745

Judgment Text

Court Name: Sindh High Court Judge(s): Illahi Bakhsh Khamisani Title: THE STATE vs IQBAL AHMED AND Others Case No.: Criminal Reference No. 610 of 1964 Date of Judgment:1966-01-31 Reported As: 1971 P Cr. L J 745 Result: Reference accepted JUDGMENT JUDGMENT This reference arises out of a complaint filed by the Sub-- Divisional Magistrate, Civil Lines, on the 28th of November 1963, for offences under sections 292/ 109, P. P. C. And 6 of Cinemato--graph Act, 1918. The counsel for the accused in the case made applications under section 253(2), Cr. P. C., and prayed for a discharge order. The learned City and A. D. M. Who dealt with these applications rejected them against which revision applications were brought before the Sessions Court which were disposed of on the 28th of October 1964. The learned Addi--tional Sessions Judge disposed of these applications by a reference to this Court for quashment of the proceedings pending against the accused-respondents. 2. The to short points on which the fate of this reference depends are:- (1) Whether the facts mentioned in the complaint constitute an offence both under section 292, P. P. C., and section 6 of the Cinematograph Act, 1918, or whether the offence falls only under Cinematograph Act, 1918. (2) Whether section 26 of the General Clauses Act will permit prosecution under both the enactments. 3. These to points can be joined together and disposed of on consideration whether by any means the offence would be covered by section…

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