Law: Criminal Procedure Code (V of 1898)

Section: 561A

Law: Foreigners Act, 1946

Section: 14

Criminal Procedure Code (V of 1898) S. 561-A---Quashment of proceedings-Externment order challenged in civil Court and decreed in applicant's favour but subjected to appeal in High Court No fresh initiation of proceeding, held, could be taken so long as order was not set aside on appeal--Magistrate, notwithstanding civil Court decree taking cognizance of offence and issuing process against accused-Magistrate, held, could not sit in appeal over judgment of civil Court nor could pass order in disregard of same Proceedings quashed-Pakistan (Control of Entry) Act (LV of 1952), S. 4 and foreigners Act (XXXI of 1946), S. 14 Date of hearing : 18th January 1971.   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 proceed with the case and directed the civil…