AGHA SAFDAR vs THE STATE AND ANOTHERs — 1971 PCRLJ 51

Citation: 1971 PCRLJ 51

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: AGHA SAFDAR vs THE STATE AND ANOTHERs

Headnotes

Case cited as 1971 PCRLJ 51

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title: AGHA SAFDAR vs THE STATE AND ANOTHERs Case No.: Criminal Miscellaneous No. 218 of 1969 Date of Judgment:- Reported As: 1971 P Cr. L J 51 Result: Proceeding quashed JUDGMENT JUDGMENT The applicant has applied to this Court under section 561-A for setting aside the order dated 22nd May 1969 of the learned Additional City Magistrate No. 10, Karachi, by which he rejected the to applications dated 24th April 1969 and 8th May 1969 of the applicant, in which he had prayed that the complaint was not maintainable for the reason, firstly that since the marriage was solemnised before the promulgation of West Pakistan Dowry (Prohibition on Display) Act XV1 of 1967, hereinafter referred to as Act XVI of 1967, its provisions were not applicable to his marriage and, secondly, that under section 4 (2) (b) of Act XVI of 1967 the period prescribed for the return of dowry was within one year and that this period had not expired on 8th May 1968 when the complaint was filed, it was therefore that this complaint was premature and no cognizance could have been taken on it. 2. In brief, the, facts are that the applicant was married to respondent No. 2, at Karachi on 30th July 1967. She then went to Quetta to reside with her husband. She also alleged that sizeable dowry was given to .Her by her own relations and the applicant and his relations. These articles were sent to Quetta. However, on or about 25th November 1967 she was brought…

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