| Citation(s) |
|---|
| 1962 SLG 479 1962 SLD 479 1962 PLD 331 |
Supreme Court of Pakistan
Criminal Appeal No. 91 of 1961, decided on 13th March 1962.
, A. R. CORNELIUS, C.J.,S. A. RAHMAN, FAZLE-AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Tasaddaque Hussain Senior Advocate Supreme Court (Aslam Riaz Hussain Advocate Supreme Court with him) instructed by Virasat Hussain Naqvi Attorney for Appellant. Mahmud Ahmed Qureshi Advocate Supreme Court (Sarfraz Ahmad Advocate High Court of West Pakis
Criminal Appeal No. 91 of 1961, decided on 13th March 1962.
, A. R. CORNELIUS, C.J.,S. A. RAHMAN, FAZLE-AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Tasaddaque Hussain Senior Advocate Supreme Court (Aslam Riaz Hussain Advocate Supreme Court with him) instructed by Virasat Hussain Naqvi Attorney for Appellant. Mahmud Ahmed Qureshi Advocate Supreme Court (Sarfraz Ahmad Advocate High Court of West Pakis
CHULAM QADIR---Appellant
VS
MISIRY FAZAL DIN AND others--Respondents
Law:
Section:
(a) Special Leave to appeal to Supreme Court----Granted to consider whether an order for compensation can be made under S. 250 (1), Criminal Procedure Code (V of 1898), in a proceeding under S. 107 of the Code-Constitution of Pakistan (1956), Art. 160. (b) Criminal Procedure Code (V of 1898)-----S. 250(1) read with S. 107-Order for compensation-S. 250 (1) in terms does not apply to proceedings under S. 107-Petition under S. 107 not "complaint", nor an allegation of an offence-Criminal Procedure Code (V of 1898), S. 4, cls. (o) & (h). Section 250 of the Code of Criminal Procedure does not apply to proceedings under section 107 of that Code. The respondents were not accused of having committed any offence. The only charge against them was that they were likely to do some act that would probably occasion a breach of peace. The plain intent of the expression "accused before Magistrate of any offence" occurring in section 250 (1) seems to be that to justify the application of this section a person must be accused of an offence already committed. The object of proceedings under section 107 is to prevent the commission of an offence. A person against whom action taken by Court in advance of the commission of an apprehended crime cannot fall within the expression "person accused of an offence." This is also clear from the definition of "offence" as defined in section 4 (o), Criminal Procedure Code, 1898. Nor is a petition under section 107 a "complaint." There is no warrant for the assumption that the language employed does not "necessarily" exclude the application of section 250 (1) to a petition under section 107, Criminal Procedure Code, 1898. It would not be only unduly straining the language of the section, but also inserting In it words that do not exist if the section was construed to mean that security proceedings were also within its purview. JUDGMENT FAZLE-AKBAR, J.-----This is an appeal by special leave against the judgment and order of the High Court of West Pakistan passed in revision. This appeal has arisen in the following circumstance. The appellant Ghulam Qadir laid an information against respondents Nos. 1 to 5 in the Court of a Magistrate of…
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