Law:

Section:

Keywords: Provisions, Relief, Place, Copy, Petition, Order, Magistrate, Jurisdiction, Prosecution, Conviction, Set Aside, Proceedings, Nullity, High Court, Determination, Remand Of Case, Dying, Binding, Trial Court, Remand, Retrial, Petitioner, Evidence, Division, Illegal, Loan, Office, Plea, Procedure, Leave, Material Facts, Provident Fund Result: Petition partly accepted JUDGMENT This is a petition under section 561-A, Cr. P. C. in which the petitioner challenges an oral order purported to have been made on the 30th June 1967 by late Mr. Jamaluddin Jumani S. D. M., Old Town, Karachi. 2. According to the petitioner the material facts out of which this petition arises are as follows :- The petitioner and the first respondent were both employed at the relevant time which Messrs Habib General Limited at their office in Luxmi Building, Bunder Road, Karachi. On 11-1-1967 the first respondent, who was on leave on that day, came to see Mr. Noor Mohammad Bhojani, the Chief Accountant of Habib General Limited, in connection with a loan against the provident fund. The said Mr. Bhojani refused the request of the first respondent, therefore the first respondent abused him and went away. After sometime the first respondent returned to the office of Mr. Bhojani, took out a knife from his pocket and attacked him. The petitioner, who was intervened there intervened and saved Mr. Bhojani, but in the meantime the first respondent inflicted three knife injuries on him, two being on his head and one on his chest. The first respondent received au injury from the knife on his owl' hand in the scuffle that took place. Eventually the first respondent was over-powered and the incident was reported to the Mithadar Police Station Karachi. After the usual investigations, the first respondent was challaned in the Court of Mr. Azizuddin Ahmed S. D. M. Old Town, Karachi. The said Magistrate examined several witnesses who supported the prosecution case. But before he could pass any order, he died. He was succeeded by Mr. Jamaluddin Jumano who recorded further evidence. Thereafter he adjourned the case for the evidence of the first respondent to 20th June 1967. As the first respondent did not…

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