M. A. A. AZIZ vs Mst. AISHA RAHIM AND ANOTHER Case No — 1970 PCRLJ 721

Citation: 1970 PCRLJ 721

Court: Lahore High Court

Year: 1970

Decision Date: 1970-01-23

Parties: DR: M. A. A. AZIZ vs Mst. AISHA RAHIM AND ANOTHER

Headnotes

721 Result: Order accordingly Judgment ORDER This is a petition under section 561-A, Cr. A&, Medical Superintendent, Mental Hospital, Lahore, praying this Court for quashment of proceedings in re: Mst.

Judgment Text

Court Name: Lahore High Court Judge(s): Shoukat Ali Title: DR: M. A. A. AZIZ vs Mst. AISHA RAHIM AND ANOTHER Case No.: Criminal Miscellaneous No. 4288 of 1969 Date of Judgment:1970-01-23 Reported As: 1970 P Cr. L J 721 Result: Order accordingly Judgment ORDER This is a petition under section 561-A, Cr. P. C. By Dr. M. A. A. A&, Medical Superintendent, Mental Hospital, Lahore, praying this Court for quashment of proceedings in re: Mst. Aisha Rahim v. M. A. A. Aziz or in the alternative for the transfer of the case from the file of Ch. Muhammad Bakhsh, Magistrate First Class. Lahore, to the file of another Magistrate of competent jurisdiction 2. The facts are these. On the 25th of June 1968, Mst. Aisha Rahim alias Aisha Begum widow of Abdur Rahim filed a complaint under section 406/420;468:471, P. P. C. In the Court of the Circle Magistrate. The trial Magistrate after examining the complaint summoned the petitioner. On the 20th of June 1969, the complainant appeared as her own witness and was cross-examined by the defence. In the cross-examination she admitted that she had filed at civil suit regarding the transfer of the bungalow which is the subject-matter of the complaint. 3. Learned counsel for the petitioner argued that the criminal liability, if any, in this case, is dependent upon the result of the civil suit which is now pending in the Court of Malik Mushtaq Ahmad, Civil Judge, Lahore. He invited my attention to Muhammad Akbar v. The State and others (PLD1968 SC 281)…

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