Case Details

Citation(s)
1975 SLG 1068 1975 SLD 1068 1975 PCRLJ 676
Sindh High Court
Criminal Transfer Application No. 55 of 1972, 28th November, 1972
TUFAIL ALI A. REHMAN, C.J

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Muhammad Nawaz

VS

Ghulam Kadir And 3 Others

Law:

Section:

Keywords: Attachment, Procedure, Proceedings, Apprehension, Jurisdiction, Cognizance, Petition, Magistrate, Place, Order, Parties, Possession, Evidence, Refusal, Validity, Examination, Disclose, Notice, High Court, Land Result: Petition dismissed JUDGMENT This application under section 526 of the Criminal Procedure Code arises in the following circumstances 1. The applicant is the kamdar of Air-Marshal M. Asghar Khan who is stated to own about 240 acres of land near Rohri which have been cultivated as an agricultural farm and has also a residential bungalow on it. On the 18th of July, it is alleged that some persons came and took forcible possession of the land when the applicant was absent. The applicant was informed and hurried to the house where he himself was assaulted. He then went to the Superintendent of Police who sent for the S. H. O. Of the Police Station within the limits of which the incident had taken place and an F. I. R. Was recorded but according to the applicant no further action was taken on this. An application under section 145, Cr. P. C. Was thereafter, made on the 28th of July, 1972 to the Civil Judge and Ist Class Magistrate, Rohri who entertained the application, issued notice to the parties and fixed the 9th of August for hearing. On the 9th August, however, it was learnt that a reference has been made to the District Magistrate for transfer of the case who in fact, later, did transfer it to the Sub-Divisional Magistrate. The case was then fixed for the 7th of September on which date the Advocate for the applicant asked for an attachment. Notice on this application was given for the 14th of September, and it is as a result of the case not proceeding on the 14th that apprehen sions have been expressed as to the conduct of the learned Magistrate. 2. Apart from the progress of the case on the 14th to which I shall presently revert the petition itself made large and general allegations claiming that the President of Pakistan was personally hostile to Air-Marshal M. Asghar Khan and that, therefore, the S. D. M, was also hostile to the applicant. This allegation is made in the course of several para graphs and one among them is that the…
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