Law:

Section:

Criminal Procedure Code (V of 1898)- -- Ss. 195, 476, 476-A & 561-A read with Penal Code (XLV of 1860), S. 209-Quashing of proceedings--Accused sent up. for trial under S. 209, P. P. C. alleged to have been committed in, or in relation to, proceedings before High Court in course of decision of writ petition-Complaint of offence not made by High Court as required under S. 195, Cr. P. C.-Magistrate under Ss. 195 & 476, held, not competent to take cognizance of offence in circumstances of case- Prosecution launched on Qalandra submitted by police or on a private complaint wholly without jurisdiction-Proceedings quashed. . Chandrabai K. Gidwani and another v. Abdul Quddus Bihari P L D 1966 Kar. 12; Qaim Din and 3 others v. The State and another 1977 P Cr. L J 546 and The State v. Syed Sardar Shah Bukhari P L D 1975 Lah. 1407 rel. JUDGMENT This petition seeking quashment has been filed by the two petitioners who have been summoned by the City Magistrate, Lahore to face trial for an offence under section 209; P. P. C. on a Police Qalandara through a private complaint. 2. The brief facts of the case are that the petitioners are out of many persons who filed Writ Petition No. 240/R-79. The writ petition was disposed of through a consent order of the contesting parties. I n this writ petition, tile petitioners had claimed that Rahirnabad Rawalpindi was declared as Katchi Abadi by the Chief Settlement Commissioner and in that respect he had signed a draft notification. The genuineness of this notification which was produced in the High Court in the course of these proceedings was seriously - challenged. The parties agreed and the Court accordingly ordered that the Member, Board of Revenue/Chief Settlement Commissioner would determine after notice to the parties concerned as to whether he had passed an order declaring Rahimabad as Katchi Abadi or signed the draft notification. The Chief Settlement Commissioner thereafter, vide order dated 5-1-1981, held that no such notification was issued by him. 3. One of the respondents in the writ petition namely, retired Major Aftab Ahmad Khan Afridi moved an application before the Deputy Inspector-General of Police, Lahore…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492