Syed ISHTIAQ HUSSAIN vs Syed NIAZ ALI AND ANOTHERs — 1971 PCRLJ 1103

Citation: 1971 PCRLJ 1103

Court: Lahore High Court

Year: 1971

Decision Date: 1971-03-01

Parties: Syed ISHTIAQ HUSSAIN vs Syed NIAZ ALI AND ANOTHERs

Headnotes

Case cited as 1971 PCRLJ 1103

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: Syed ISHTIAQ HUSSAIN vs Syed NIAZ ALI AND ANOTHERs Case No.: Criminal Revision No. 29 of 1971 Date of Judgment:1971-03-01 Reported As: 1971 P Cr. L J 1103 Result: Petition allowed Judgment ORDER The facts giving rise to this case are that Syed Ishtiaq Hussain, petitioner filed a complaint under section 500, P. P. C., against'. Syed Niaz Ali respondent No. 1, on the ground that in an earlier complaint case filed by the latter he had described the petitioner as a cobbler whereas he wag actually a Syed by caste. In defence, the respondent relied on a report Exh. D. A. Made by the Central record office on an application of the respondent wherein one Nathu Shah, son of Lal Shah, an alleged ancestor of the petitioner, was described as a Mochi. This report appears to have been relied upon by the Collector in a Lambardar case, in a judgment, dated the 3rd of January 1963, (Exh. D. B.). However, having regard to the evidence on the record before him the learned trial Magistrate convicted the respondent under section 500, P. P. C., with an award of a fine of Rs. 100 or one month's imprisonment in default of payment thereof. The respondent challenged this order in the Court of the Addl. Sessions Judge, Sargodha, who took the view that the alleged offence committed by the respondent by mis-describing the petitioner as a Mochi fell within the purview of section 193, P. P, C. And as such the learned trial Magistrate…

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