Case Details

Citation(s)
1992 SLG 650 1992 SLD 650 = 1992 PCRLJ 2363

Cr. Misc. Application No.513 of 1991 and Criminal Miscellaneous No.9.of 1992 , decided on 5th July, 1992.
Qaiser Ahmed Hamidi, J

MUHAMMAD ABID---Petitioner

VERSUS

THE SUB-DIVISIONAL MAGISTRATE, JAMSHED QUARTERS ( EAST), KARACHI and another--- Respondents

Law:

Section:

Both these applications filed under section 561-A, Cr.P.C., are interconnected, hence for the sake of convenience they are hcing disposcd of together.   2. Muhammad Abid, the applicant in Criminal Miscellaneous No.513 of 1991, is son of late Muhammad Yousuf, brother of Muhammad Ahmad, the respondent No.2 Mst. Gulzar Begum, the applicant in Criminal Miscellaneous No.9 of 1992, is widow of late Muhammad Yousuf, brother of Muhammad Ahmad, the respondent No.2, and mother of Muhammad Abid, the applicant in Criminal Miscellaneous No.513 of 1991. Muhammad Ahmad, the respondent No.2 claims to be a tenant of Farook--Minocher Joshi Godrez in respect of a bungalow bearing No.5/18, Parsi Colony, MA. Jinnah Road, Karachi, having obtained the same through an agreement of tenancy dated 24-91985, by which he was permitted to sublet a portion thereof to anyone of his choice. He, therefore, sublet a portion of this bungalow situated on ground floor (a room measuring 12' x 12' and lawn measuring 2,000 sq. feet) to applicant Muhammad Abid (Criminal Miscellaneous No.513 of 1991); through an agreement dated 1-12-1985 , which is being used as a show-room for cars, etc. under the name and style of Messrs Star Automobiles. It is the case of respondent No.2 that the first floor of this bungalow remained all along in his possession till 14-11-1991, when taking the advantage of his serious illness the applicant turned him out from there. On 17-11-1991 the respondent No.2 filed an application against applicant Muhammad Abid (Criminal Miscellaneous No.513 of 1991) in the Court of Assistant Commissioner and S.D.M., Jamshed Quarters, Karachi, for taking an action under section 145, Cr.P.C. The learned Magistrate took cognizance and passed a preliminary order under subsection (1) of section 145, Cr.P.C. directing the parties to appear before him on 25-11-1991 at 10 a.m. On the same day viz. 17-1-1-1991 the learned Magistrate passed an order of attachment under second proviso to subsection (4) of section 145, Cr.P.C. in the following terms:--   "From the perusal of the complaint and the record produced and also the statement of the applicant it is clear that there is a…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register