| Citation(s) |
|---|
| 1990 SLG 1027 1990 SLD 1027 1990 SCMR 1299 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No.57-R of 1989, decision dated: 6-02-1990.
S. USMAN ALI SHAH AND ABDUL QADEER CHAUDHRY, JJ
Kh. Muhammad Yousuf Saraf, Advocate Supreme Court, Manzoor Elahi, Advocate-on- Record for Petitioner. Nemo for
Respondents.
Criminal Petition for Special Leave to Appeal No.57-R of 1989, decision dated: 6-02-1990.
S. USMAN ALI SHAH AND ABDUL QADEER CHAUDHRY, JJ
Kh. Muhammad Yousuf Saraf, Advocate Supreme Court, Manzoor Elahi, Advocate-on- Record for Petitioner. Nemo for
Respondents.
Haji MUHAMMAD LATIF
VS
FARMAN ALI and another
Law:
Section:
Criminal Procedure Code (V of 1898)-------S.561-A---Penal Code (XLV of 1860), S.379/406/420---Constitution of Pakistan (1973), Art.185(3)---Civil suit regarding the loan was pending between the parties---Matter on mutual consent of parties had been referred to arbitration which on an appeal on technical point was pending before High Court---Matter involved in the petition was purely of a civil nature---Order of High Court regarding quashment of criminal proceedings pending against accused respondent thus needed no interference ---Leave to appeal was consequently refused. ORDER S.USMAN ALI SHAH, J.---Haji Muhammad Latif petitioner seeks leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, dated 22-2-1989, arising out of a criminal case under section 379/406/420, P.P.C., the F.I.R. of which was lodged by the petitioner against his nephew Farman Ali respondent No.l, wherein he alleged that six years before the registration of this case the petitioner got a total loan of Rs.5,40,000 on different occasions within six years from the petitioner. It was also alleged that the respondent No.l had been removing earth from the land of the petitioner. At the trial when the case was fixed for the statement of the accused respondent…
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