FATEH MUHAMMAD vs The STATE Case No — 1972 PCRLJ 179

Citation: 1972 PCRLJ 179

Court: Lahore High Court

Year: 1971

Decision Date: 1971-04-26

Parties: FATEH MUHAMMAD vs The STATE

Headnotes

179 Result: Appeal accepted Judgment ORDER The petitioner Fateh Muhammad an A. I in the Police Department along with two constables and six othere was tried by Mr.

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: FATEH MUHAMMAD vs The STATE Case No.: Criminal Miscellaneous No. 6596 of 1969 Date of Judgment:1971-04-26 Reported As: 1972 P Cr. L J 179 Result: Appeal accepted Judgment ORDER The petitioner Fateh Muhammad an A. S. I in the Police Department along with two constables and six othere was tried by Mr. Muhammad Ayyub Khan, Special Judge Anti-Corruption, Lahore under section 161, P. P. C. and section 5(2) of the Prevention of Corruption Act, 1947. He was on duty at the annual cattle fair of Eminabad in the year 1967. The allegation against him as put to him under section 242, Cr. P. C. was that during the days of the mela he in consideration for illegal gain to himself and his two constables co-accused permitted theatrical performances and use of loudspeakers in violation of the order of the District Magistrate placing a ban on such performances and use of loud speakers. 2. After the evidence had been recorded the petitioner was examined under section 342, Cr. P. C. and the questions put to him were confined to the allegation put to thim in his first statement recorded under section 242, Cr. P. C. No other allegation appears to have been put to petitioner. 3. The petitioner produced defence witnesses including Mr. M. A. Lone, Magistrate First Class Gujranwala who was incharge of the mela. He stated that there was no violation of the District Magistrate's order regarding the exhibition of theatrical performances and…

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