| Citation(s) |
|---|
| 1971 SLG 214 1971 SLD 214 1971 SCMR 245 |
Supreme Court of Pakistan
Petitions for Special Leave to Appeal Nos. 6 and 7 of 1971,moor decided on 22nd January 1971
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI AND SALAHUDDIN AHMED, JJ
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Petitions for Special Leave to Appeal Nos. 6 and 7 of 1971,moor decided on 22nd January 1971
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI AND SALAHUDDIN AHMED, JJ
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NOOR MOHAMMAD AND ANOTHERÂs
VS
Malik CHIRAGH DIN AND 2 others--Respondents
Law:
Section:
Criminal Procedure Code (V of 1898), 5. 145-Initial order not disclosing that Magistrate was satisfied that there was apprehension of breach of peace-Order, though defective in form, not without jurisdiction -Irregularity does not vitiate entire proceeding. Muhammad Ishaq Chowdhury v. Nur Mahal Begum and others P L D 1961 S C 426 ref. P. S. L. A. No. 6 of 1971 Muhammad Anwar Raja, Senior Advocate Supreme Court instructed b7 Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioners. Bashir Zafar, Advocate Supreme Court instructed by Maqbool Ahmad Rana, Advocate-on-Record for Respondents Nos. l and 2. Nemo for the State. P. S. L. A. No. 7 of 1971 Muhammad Anwar Raja, Senior Advocate Supreme Court instructed by Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing : 22nd January 1971. JUDGMENT HAMOODUR RAHMAN, C. J.-These two petitions have been filed for Special Leave to Appeal from a consolidated order of a learned Single Judge of the High Court at Lahore whereby two criminal revisions and two criminal miscellaneous applications in connection therewith were dismissed. These applications arose out of proceedings commenced under section 145 of the Code of Criminal Procedure in respect of a dispute relating to godowns bearing Nos. 733-A/732-A situated on City Sadar Road, Rawalpindi. The petitioner Noor Mohammad claimed that he was the owner in possession of godown No. 733-A having acquired the same under Settlement Scheme No. VIII of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. Godown No. 732-A was, according to him, transferred to one, Mirzi Muhammad Beg who, in his turn, sold it to respondent Malik Chiragh Din. The petitioner alleged that a dispute arose between him and Chiragh Din regarding a small portion of a shop on the south of his godown which was being falsely claimed by Chiragh Din to be a part of his own property. Chiragh Din forcibly took possession of this shop on which the petitioner lodged a report on 8-10-68 with the `A' Division Police, Rawalpindi, under section 448 of the Pakistan Penal Code. Chiragh Din, on the other hand, claimed that the entire godown, which originally bore Nos.…
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