NARAINDAS vs THE STATE Case No — 1971 PCRLJ 1020

Citation: 1971 PCRLJ 1020

Court: Sindh High Court

Year: 1971

Decision Date: 1971-01-18

Parties: NARAINDAS vs THE STATE

Headnotes

1020 Result: Proceedings quashed JUDGMENT JUDGMENT This is an application under section 561-A, Cr. To quash the proceedings pending against the applicant under sections 3 and 4 of the Pakistan Control of Entry Act of 1952 and Foreigners Act in the Court of the Joint Sub-Judge and Ist Class Magistrate, Mirpurkhas.

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: NARAINDAS vs THE STATE Case No.: Criminal Miscellaneous Application No. 409 of 1970 Date of Judgment:1971-01-18 Reported As: 1971 P Cr. L J 1020 Result: Proceedings quashed JUDGMENT JUDGMENT This is an application under section 561-A, Cr. P. C. To quash the proceedings pending against the applicant under sections 3 and 4 of the Pakistan Control of Entry Act of 1952 and Foreigners Act in the Court of the Joint Sub-Judge and Ist Class Magistrate, Mirpurkhas. In the year 1958 the District Magistrate, Tharparkar under the orders of the Central Government issued the externment order against the applicant who then moved the Central Government and obtained stay order. However, the stay order was sub--sequently vacated and, therefore, the applicant filed civil, suit No. 18,8/59 challenging that order on the ground that he was a citizen of Pakistan and therefore, the externment order could not be issued against him. The suit was however dismissed and he filed an appeal in the District Court. The learned District Judge by his judgment dated 8th March 1966, set aside the judgment of the lower Court and decreed the suit. Against this 'judgment the Government filed a second appeal in this Court which is still pending. In August 1969, the applicant was arrested by Mirpurkhas Police and the case was sent to the Martial Law authorities by applying Martial Law Regulations but the Martial Law authorities declined to…

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