Case Details

Citation(s)
1984 SLG 720 1984 SLD 720 1984 SCMR 969
Supreme Court of Pakistan
Criminal Appeal No. 2-P of 1984, decision dated: 25-04-1984 (On appeal from the judgment of Peshawar High Court dated 10-12-1983 in Crl. Misc. No. 450 of 1983)
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ

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GUL FARAZ KHAN--Appellant

VS

. Mst. FATIMA AND others--Respondents

Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3)-Criminal Procedure Code (V of 1898), S. 88-Attachment of property of person absconding Property of absconding accused put to auction and purchased by appellant-Objection petition made by respondent rejected by trial Court and appellate Court-High Court, on revision, setting aside orders of Courts below and sending case back to trial Magistrate for disposal of objection petitions in accord­ance with law-Appellant auction-purchaser's petitions for being im­pleaded as party to proceedings in objection petition rejected by trial Court, appellate Court and High Court-Held, appellant-auction­ purchaser had a vital interest to urge before forums conceived that his interest and rights as auction-purchaser should be kept intact and he be allowed to defend and resist objections to attachment and auction-Impugned orders set aside and appellant directed to be treated as a necessary party to objection petition proceedings. Nazirullah Khan, Advocate Supreme Court and S. Safdar Hussain, Advocate-on-Record for Appellant. Abdul Latif Yousufzai, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record for Respondents Nos 1, 3 and 5. Nemo for Respondents Nos. 2, 4 and 6. Ibne Ali, Addl. A. G. for the State. Date of hearing: 25th April, 1984. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-This appeal through leave of this Court is directed against order, dated 10-12-1983 of the Peshawar High Court; whereby a Criminal Miscellaneous Petition filed by the appellant, was dismissed in limine. The brief facts relevant for disposal of this appeal narrated in the petition for leave to appeal are as follows:- "That one Kachkol was declared a proclaimed offender in a case and proceedings under section 88, Cr. P. C. were initiated with regard to his movable and immovable property. That it was on 2-11-1980, that his property was attached and subsequently was directed to be put to auction. Respondents Nos. 1 to s submitted their Objection Petitions to that attachment of the property on 13-9-1981, the learned M. 1. C., Nowshera, passed the following order on one of the Objection Petitions:-- "Tehsilder N. S. R. will inquire and exercise reasonable care not…
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