Case Details

Citation(s)
1992 SLG 1518 1992 SLD 1518 = 1992 PLD 215
Lahore High Court
Criminal Miscellaneous No.207-M of 1992, decided on 15th February, 1992.
Presented By: Before Muhammad Ilyas, Actg C J
Shaukat Ali Mehar for Petitioner.

Ch. MUHAMMAD SIDDIQUE--Petitioner

VERSUS

ZULFIQAR A14MAD and 2 others--Respondents

Law: Lahore High Court (Establishment of Benches) Rules, 1981

Section:

  Lahore High Court (Establishment of Benches) Rules, 1981-- ---- R. 3 --- Benches have been set up with a view to taking justice to the doorsteps of the people --- All cases relating to a particular area, therefore, should be heard by the Bench meant for that area --- Cases are transferred from one Bench to another or from a Bench to the principal Seat or vice versa in very exceptional circumstances. High Courts (Establishment) Order (8 of 1970)-- ---- Art. 3 [as amended by High Courts (Establishment) Order (Punjab (Amendment) Ordinance, Q of 1981)] --- Petitioner sought permission to file, at the principal Seat of Lahore High Court, a petition under S.561-A, Cr.P.C. for quashing of proceedings in a criminal complaint instituted by complainant against him in the Court of a Magistrate at Kehror Pacca, District Lodhran-- No exceptional circumstances existed for which the Multan Bench should not have been permitted to hear the petition intended to be riled by the petitioner --- All parties are equal before law as laid down in Art.25 of the Constitution --- Complaint filed by the complainant against petitioner at that stage could not be said to be devoid of substance and he could not, therefore, be forced to come to Lahore to defend the proceedings to be initiated by the petitioner because at the moment nothing could be said about success or failure of those proceedings also---Petitioner was not allowed to file his petition at Lahore in circumstances. Shaukat Ali Mehar for Petitioner. ORDER This is a criminal miscellaneous petition by one Ch. Muhammad Siddique for permission to file, at the Principal Seat of this Court, a petition under section 561-A of the Code of Criminal Procedure, for quashment of proceedings in a criminal complaint instituted by one Sher Muhammad, against him, in the C;ourt of Mr. ZuIfiqar Ahmad, Magistrate 1st Clase, Kehror Pacca, District Lodhran. It has been alleged by the petitioner that he had litigation with the said Magistrate and his brothers and, therefore, the said Magistrate manoeuvred the filing of fictitious complaint by the said Sher Muhammad in his own Court with a view to disturbing his (petitioner's) business and…
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