1990 PLP 536 (SCMR)
Syed ALI KAUSAR ZAIDI‑‑Petitioner Versus MUHAMMAD SHAFIQUE and others‑‑Respondents
| Citation | 1990 PLP 536 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | Syed ALI KAUSAR ZAIDI‑‑Petitioner Versus MUHAMMAD SHAFIQUE and others‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 536 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 536 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 536 (SCMR) (Syed ALI KAUSAR ZAIDI‑‑Petitioner Versus MUHAMMAD SHAFIQUE and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Majid Khan, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 20th March, 1989.
Headnotes / Summary
(From the judgment dated 3‑2‑1985 of the Lahore High Court, in Writ Petition No. 4232 of 1984.) ‑‑‑Ss.452, 448, 457, 148, 147 & 380‑‑‑Criminal Procedure Code (V of 1898), S.249‑A‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Acquittal of accused from charges under S.249‑A, Cr.P.C.‑‑‑Petitioner's revisional petition as also his Constitutional petition against acquittal failed‑‑‑Criminal proceedings had arisen out of a dispute over possession of a house‑‑‑Prior to registration of criminal case, police had initiated criminal proceeding under S.145, Cr.P.C. which had ended in favour of accused with the finding that property in question was in their possession at the relevant time‑‑‑Civil suit was already pending between the parties with regard to the same property‑‑‑Not a fit case for interference by Supreme Court‑‑‑Leave refused.
Judgment & Decree
Abdul Majid Khan, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 20th March, 1989. SAAD SAOOD JAN, J.‑‑This is a petition for special leave to appeal from the judgment dated 3‑2‑1985 of the Lahore High Court whereby the constitution petition of the petitioner was dismissed.
2. On the basis of an F.I.R. lodged by the petitioner, respondents Nos.1 to .4 and one other were challaned in the Court of a Magistrate at Lahore in respect of offences under sections 452, 448, 457, 148, 147 and 380 of the Pakistan Penal Code. On the application of the said respondents, the learned Magistrate acquitted them under section 249‑A, Criminal Procedure Code. The petitioner filed a revision petition before the Additional Sessions Judge but it was dismissed in limine. He then filed a constitution petition in the High Court which met the same fate.
3. The criminal. proceedings arose out, of a dispute over possession of a house situate at Fateh Sher Road, New Mu7ang, Lahore. It appears that prior to the registration of the criminal case, the local police had initiated proceedings under section 145, Criminal Procedure Code. These proceedings ended in favour of the respondents. With the finding that the property in dispute was in their possession at the relevant time. A civil suit is already pending between the parties with regard to the same property. In the circumstances, we do not think this a fit case for interference by this Court. The petition is dismissed. A.A./A‑547/S Petition dismissed.