1990 P Cr (PLP)
MUKHTAR AHMAD — Appellant Versus THE STATE and 4 others — Respondents
| Citation | 1990 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUKHTAR AHMAD — Appellant Versus THE STATE and 4 others — Respondents |
Q1: What are the key laws and sections cited in 1990 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 P Cr (PLP) (MUKHTAR AHMAD — Appellant Versus THE STATE and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Iqbal Ahmad for Petitioner.
- Mukhtar Ahmad Tarar for Respondents.
Headnotes / Summary
S. 159
Police after investigating complaint placed it before Magistrate recommending ids cancellation
Magistrate passed the order:
Judgment & Decree
GUL MUHAMMAD KHAN, C.J.
Mukhtar Ahmad, petitioner, lodged a complaint in Police Station `B' Division, Gujrat, on which a case was registered under Article 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, read with sections 506, 342, 332, 499 and 500, P.P.C. (F.I.R. No. 151, dated 21st of May, 1989). After investigation the matter was pieced A before a Magistrate with the recommendation of the Police to cancel the case. He passed the following order:
2. This order has been challenged by Mukhtar Ahmad mainly on the ground that the Magistrate has not applied his mind as to facts as brought on the record and was obliged to meet the request of the Police. The learned counsel for the accused attempted to defend the order on the ground that it is in accord with the outcome the report of the judicial inquiry conducted by Mr. Saleem lqbal, Additional Deputy Commissioner. He, however, concedes that the wording of the order is not appropriate and does not show that the learned Magistrate applied his own mind.
3. As the order of the nature can be passed only after scrutiny of the record before him the learned Magistrate acted unlawfully in noting as if he was obliged to pass an order in line with the request of the Police. We, therefore, set aside the impugned order and send this case back to the learned Sessions Judge Gujrat, who shall entrust ii to a Judicial Magistrate for the purpose of passing in order in accordance with the law. This petition shall stand disposed of accordingly. N.H.Q./492/FSC Order accordingly.