1987 PLP 3118 (MLD)
LIAQAT ALI — Petitioner Versus JAVED AKHTAR, ASSISTANT COMMISSIONER, NAROWAL and 2 others — Respondents
| Citation | 1987 PLP 3118 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Zia Mahmood Mirza, J |
| Parties | LIAQAT ALI — Petitioner Versus JAVED AKHTAR, ASSISTANT COMMISSIONER, NAROWAL and 2 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 3118 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 3118 (MLD)?
The case was heard and decided by the Lahore bench comprising: Zia Mahmood Mirza, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 3118 (MLD) (LIAQAT ALI — Petitioner Versus JAVED AKHTAR, ASSISTANT COMMISSIONER, NAROWAL and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalid Mahmood Shaheen for Petitioner.
- Date of hearing: 7th July, 1987.
Headnotes / Summary
Art. 199--Criminal Procedure Code (V of 1898), S.561-A--Quashing of orders as void ab initio--Assistant Commissioner ordering registration of case against petitioner--Police recommending cancellation of case on finding that it was false--Assistant Commissioner disagreeing with police report and directing putting up of challan holding prima facie case against petitioner-- Assistant Commissioner, held, could not assume role of a Judge in his own cause and was not competent to direct submission of challan in circumstances. Farooq Bader, A.A.G. for the State.
Judgment & Decree
Art. 199--Criminal Procedure Code (V of 1898), S.561-A--Quashing of orders as void ab initio--Assistant Commissioner ordering registration of case against petitioner--Police recommending cancellation of case on finding that it was false--Assistant Commissioner disagreeing with police report and directing putting up of challan holding prima facie case against petitioner-- Assistant Commissioner, held, could not assume role of a Judge in his own cause and was not competent to direct submission of challan in circumstances. Khalid Mahmood Shaheen for Petitioner. Farooq Bader, A.A.G. for the State. Date of hearing: 7th July, 1987. Mr. Javed Akhtar, Assistant Commissioner, Narowal, respondent No. 1 herein, got a case registered against Liaqat Ali petitioner under section 420/408, PPC on the allegation that the petitioner being an owner of Life Line Gas Agency had committed fraud by not supplying the gas to Havaldar (Rtd.) Ghulam Muhammad Janjua and other residents of Zafarwal Town although he had received money from them. Police after necessary investigation found that the case was false and recommended its cancellation. The matter was placed before respondent No. 1, who by order dated 4-2-1987 did not agree with the recommendation/ report of the investigating agency and directed "a prima facie case is made out against the owner of the Agency. He be challaned. The challan be submitted within three days, repeated, within three days." This order of respondent No. 1 has been brought under challenge by the petitioner in the present constitutional petition.
2. Learned Assistant Advocate-General appearing for the respondent: quite frankly concedes that the respondent/ Magistrate a whose instance case was earlier registered (which on investigation was found false) was not competent to pass the impugned order directing the police to submit the challan because by giving this direction, respondent No. 1, who himself was the complainant in the case, assumed the role of a Judge in his own cause.
3. In view of the concession of the learned A.A.G. this writ petition is allowed. As the learned A.A.G. has appeared on behalf of the respondents this petition is being disposed of as a notice case. In the circumstances, there will be no order as to costs. S. A . /L-11/L Petition allowed.