| Citation(s) |
|---|
| 1997 SLG 835 1997 SLD 835 1997 SCMR 1435 |
Supreme Court of Pakistan
Criminal Petition No.50-L of 1994, decision dated: 28-02-1995
ZIA MAHMOOD MIRZA AND MUKHTAR AHMAD, JUNEJO, JJ
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Criminal Petition No.50-L of 1994, decision dated: 28-02-1995
ZIA MAHMOOD MIRZA AND MUKHTAR AHMAD, JUNEJO, JJ
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M. ASLAM ZAHEER
VS
Ch. SHAH MUHAMMAD and others
Law:
Section:
Penal Code (XLV of 1860)--S. 420/468/471---Criminal Procedure Code (V of 1898), Ss. 203 & 561-A--Constitution of Pakistan (1973), Art. 185(3)---Quashing of criminal proceedings---Inherent powers of High Court---Dismissal of complaint by Magistrate---Additional Sessions Court in revision summoning respondents to face trial---High Court set aside order of summoning respondents to face trial, thus, restoring Magistrate's order---Validity---Leave to appeal was granted to examine whether order of Additional Sessions Judge summoning respondents to face trial for offences mentioned therein was sustainable in law on material available on record; and whether High Court was justified in quashing said order in exercise of its inherent powers under S. 561-A, Criminal Procedure Code, 1898. Ghulam Muhammad v. Muzammal Khan PLD 1967 SC 317 ref. Raja Muhammad Anwar, Senior Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner. Munir Ahmad Bhatti, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Respondent. Date of hearing: 28th February, 1995. ORDER ZIA MAHMOOD MIRZA, J.---This is a petition for leave to appeal against the judgment of a learned Single Judge of the Lahore High Court, dated 14-12-1993 passed in Criminal Miscellaneous No.343-M of 1993 whereby an order dated 18-1-1993 of Additional Sessions Judge, Sheikhupura, passed in exercise of his revisional jurisdiction, summoning the respondents to face the trial for offences under section 420/468/471, P.P.C. in a complaint case filed by the petitioner, was quashed. 2. The facts giving rise to this petition, briefly stated, are that the petitioner filed a complaint against the respondents Ch. Shah Muhammad and his son Ghulam Mohi-ud-Din under section 420/468/471/409, P.P.C., in the Court of Magistrate First Class, Ferozewala on the allegations that he i.e. the petitioner is a Managing Partner of M/s. Zeemko International, Lahore and is also an Agent in Pakistan for M/s. Modul Systeme J.J., Binder, KG, West Germany to sell new and…
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