Law:

Section:

(a) Constitution of Pakistan (1973)-----Art.185(3)--Leave to appeal--Concurrent findings of fact reached by Courts below, held, would call for no interference. (b) Canal and Drainage Act (VIII of 1873)-----S. 70--Criminal Procedure Code (V of 1898), S. 522--Watercourse-­Demolition--Trial Court has power to order accused to restore watercourse demolished /damaged by him. (c) Canal and Drainage Act (VIII of 1873)-----S.70--Criminal Procedure Code (V of 1898), S. 522--Watercourse-­Restoration--Convicting Magistrate ordering accused under S. 522, Criminal Procedure Code, instead of S.70, Canal and Drainage Act, 1873, to restore watercourse demolished by him--Order of Magistrate, held, sustainable--Merely not mentioning law applicable where order was otherwise warranted, would make no difference and no exception could be taken on that count. Zafar Mahmood, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 6th October, 1985. ORDER MIAN BURHANUDDIN KHAN, J.--The petitioners seek leave to appeal from the judgment and order dated 1-6-1985 passed by the Peshawar High Court, Circuit Bench, Abbottabad in Criminal Revision No.30 of 1981. 2. The facts relevant for the purpose of the petition are that respondent No.2 Abdul Aziz filed an application before Magistrate Class I at Mansehra on 3-11-1977 stating therein that the petitioners have demolished the watercourse which irrigated his field; and also prayed that the watercourse be restored. The petitioners were charged and tried under section 70 of the Canal and Drainage Act, 1873. The trial ended in conviction of the petitioners under subsection (7) of section 70 of the Act and they were sentenced to pay a fine of Rs.300 each or in default, to undergo S.I. for one month vide judgment and order dated 3-4-1978. Appeal before the learned Sessions Judge failed. However, the fine was reduced to Rs.50 each. Revision petition before the learned High Court resulted into remand order to the Sessions Court for decision afresh. After remand, additional evidence was recorded by the learned Additional Sessions Judge, who examined Haji Muhammad Rafique and Syed…

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