MUHAMMAD ISHAQUE vs THE STATE — 1970 PCRLJ 412

Citation: 1970 PCRLJ 412

Court: Lahore High Court

Year: 1969

Decision Date: 1969-05-27

Parties: MUHAMMAD ISHAQUE vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 412

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: MUHAMMAD ISHAQUE vs THE STATE Case No.: Criminal Revision No. 154 of 1964 Date of Judgment:1969-05-27 Reported As: 1970 P Cr. L J 412 Result: Petition partly allowed JUDGMENT JUDGMENT Muhammad Ishaque was convicted by Sh. Hamid Elahi Magistrate 1st Class, Lyallpur under section 19 of the Arms Act, and was sentenced to undergo rigorous imprisonment for a period of six months for the possession of a country-made pistol and a spent-up bullet, which was found in its chamber. He filed appeal against his conviction, which was dismissed by the learned Sessions Judge, Lyallpur on the 17th of October 1962. He there--after filed a revision petition in this Court (Criminal Revision No. 1063 of 1962), which was dismissed for non-prosecution by A. R. Khan, J. (as he then was) on the 22nd of October 1963, because learned counsel for the petitioner stated before him that "he would not like to proceed further with this petition, as it has, in the meanwhile, become infructuous." The petitioner has now come up to this Court under sections 439 and 561-A of the Criminal Procedure Code and seeks rehearing on merit. 2. Briefly stated the facts, which have' given rise to the present application are, that the petitioner was tried on two charges, in two separate trials. One was a charge under section 307, P. P. C., in which case he was' sentenced to undergo two years' rigorous imprisonment and pay a fine of Rs. 50 or in default…

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