| Citation(s) |
|---|
| 2010 SLG 819 2010 SLD 819 2010 PLJ 136 |
Lahore High Court
Crl. Misc. No. 60-Q of 2002, decision & hearing Dated: 03.03.2008.
MUHAMMAD AKRAM QURESHI, JUSITCE
Mr. Nasir Saeed Sh., Advocate for Petitioner. Sardar Muhammad Ishaq Khan, Advocate for
Respondent No. 1. Mr. Shahid Hussain Kazmi, AAG for State.
Crl. Misc. No. 60-Q of 2002, decision & hearing Dated: 03.03.2008.
MUHAMMAD AKRAM QURESHI, JUSITCE
Mr. Nasir Saeed Sh., Advocate for Petitioner. Sardar Muhammad Ishaq Khan, Advocate for
Respondent No. 1. Mr. Shahid Hussain Kazmi, AAG for State.
MUSADDAQ ABBASI
VS
ABDUL HAMEED MUGHAL AND ANOTHER
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 476--Private grievance--Powers u/S. 476 can only be exercised in public interest--Held: Parties to the this case were involved in revies of litigations on petty matters--They were dagger drawn against each other--They want to grind the axe of their private grievance through the powers of Courts exercisable u/S. 476, Cr.P.C.--Such powers can only be exercised in public interest--Private grievance could not be satisfied by using this provision--Petition dismissed. 1970 SCMR 10, Rel. THIS ORDER PASSED BY: MUHAMMAD AKRAM QURESHI, JUSITCE---.--- This is a petition u/S. 561-A Cr.P.C, against the order dated 18.5.2001, passed by learned Judicial Magistrate Section 30, Rawalpindi and order dated 13.11.2001, by learned ASJ, Rawalpindi. 2. The brief facts narrated by the learned counsel for Musaddaq Abbasi-petitioner are that the late mother of the petitioner Mst. Ghulam Fatima, got a case FIR No. 607 dated 24.11.1994, registered against Respondent No. 1 and others at Police Station Civil Lines, Rawalpindi U/Ss. 420/468/471 PPC. 3. Respondent No. 1 and another moved a quashment petition before this Court in Crl Misc. 60-Q of 1995, for the quashment of above said FIR, which was withdrawn on 26.11.995. The accused were however, discharged in the said case on 29.11.1995 by Assistant Commissioner Cantt. Rawalpindi. 4. SHO, Police Station Civil Lines, filed a complaint u/S. 182 PPC against the petitioner and his mother on 30.11.1995 before the learned Illaqa Magistrate Rawalpindi. 5. In the meanwhile, the above mentioned discharge order dated 29.11.1995 was assailed before this Court in WP. No. 1639 of 1995, which was accepted on 3.11.1996 and the case was remanded back to the learned Judicial Magistrate for its decision afresh. The learned Judicial Magistrate vide order dated 11.1.1997, turned down the prayer of the cancellation of case and ordered the police to submit challan against the accused. This order too, was challenged before the learned ASJ, Rawalpindi, who vide his order dated 17.2.1997 revised and set aside the same. The order of the learned ASJ, was challenged in this Court in Crl. Misc. 57-Q of 1997 and the…
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