2002 P Cr (PLP)
JIARAM‑‑‑Applicant Versus Choudhri ASLAM and 2 others‑‑‑Respondents
| Citation | 2002 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Roshan Essani, J |
| Parties | JIARAM‑‑‑Applicant Versus Choudhri ASLAM and 2 others‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Muhammad Roshan Essani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 P Cr (PLP) (JIARAM‑‑‑Applicant Versus Choudhri ASLAM and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Masood Noorani, Addl. A.‑G. for Respondents
Headnotes / Summary
‑‑‑‑Ss. 491 & 561‑A‑‑‑Application for recovery, protection and to set at liberty the alleged detenus‑‑‑Applicant was directed to deposit amount with Additional Registrar of the Court, but he failed to deposit the same even in extended period and the matter was pending since last 6 months‑‑ Applicant wanted to protract the proceedings ‑‑‑Averments made in the application had shown that it was a dispute between the tenant and landlord for which exclusive jurisdiction lay with Tenancy Tribunal under Sindh Tenancy Act, 1950‑‑‑Application being frivolous was dismissed. Haji G.M. Gopang for Applicant.
Judgment & Decree
It is prayed that this Honourable Court may be pleased to issue order for the recovery and production of the detenus in the Court. That the opponent be directed to produce the detenus in the Court. That detenus be set at liberty to go to the place of their choice. That any other relief this Honourable Court deems fit and proper be awarded to the applicant according to law. Brief facts of the case as disclosed in the application are that the applicant and his relatives are Haries on the lands of respondents Nos. 1 to 3 since last three years. They are cultivating the lands and are residing there. The respondents Nos. 1 to 3 have failed to pay the due share of crop to the applicant and the alleged detainees. The applicant and the alleged detainees approached to the Nekmards of the locality on which the respondents annoyed, abused and started ritreating them. The respondents Nos. 1 to 3 have restrained applicant and the alleged detainees to quit from their lands and they are issuing threats of dire consequences to them. I have heard Mr. Gopang learned counsel appearing on behalf of the applicant. He seeks further time to comply with the directions of this Court, dated 29‑1‑2001. Learned A.A.‑G. challenges the maintainability of the petition. The perusal of record shows that on 29‑1‑2001 the applicant was directed to deposit Rs.10,000 with Additional Registrar of this Court, but he failed to deposit the same. When this matter again came up in Court on 9‑7‑2001 the learned counsel appearing on behalf of the applicant requested the Court for time and following order was passed. "Learned counsel for the applicant is directed to comply the order of this Court, dated 29‑1‑2001 within 15 days from today. After compliance of order by the applicant this application may be fixed for hearing." The matter is pending since last 6 months and the applicant has failed to comply with the order of this Court. It appears that the applicant wants to protract the proceedings. Apart from that, the plain reading of the averments made by the applicant in the application, shows that there is dispute between the tenant and landlord for which exclusive jurisdiction lies with Tenancy Tribunal created under Sindh Tenancy Act, 1950. The application seems to be frivolous one, which stands dismissed. H.B.T./J‑32/KApplication dismissed. ‑‑‑‑‑‑‑‑‑‑‑‑‑