1968 SC MR 62 (PLP)
SHER KHAN AND OTHERS-Petitioners Versus THE STATE-Respondent
| Citation | 1968 SC MR 62 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | SHER KHAN AND OTHERS-Petitioners Versus THE STATE-Respondent |
| Primary Law | (a) Criminal Procedure Code (V of 1898), (b) Supreme Court Rules, 1956 |
Q1: What are the key laws and sections cited in 1968 SC MR 62 (PLP)?
This judgment primarily cites: (a) Criminal Procedure Code (V of 1898), (b) Supreme Court Rules, 1956 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SC MR 62 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SC MR 62 (PLP) (SHER KHAN AND OTHERS-Petitioners Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- D. M. Awan, Advocate Supreme Court instructed by Masud Akhtar, Attorney for Petitioner.
Headnotes / Summary
(On appeal from they judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 28th July 1967, in Criminal Miscellaneous No. 118 of 1967).
S. 561-A-Quash ment of criminal cases-High Court's order holding that power to quash proceedings could not be derived from S. 561-A-Decision, held, plainly correct by Supreme Court. Ghulam Muhammad v. Mozammal Khan P L D 1967 S C 317 ref.
O. XIII, r. 1-Petition for SI leave to appeal time barred by 76 days-Excuse that petitioners vs. were chairmen or members of Union Councils and "very busy persons", held, inadequate-Petition dismissed. Nemo for the State.
Judgment & Decree
CORNELIUS, C. J.-The petitioners sought quashment of a case registered against them with the Police under sections 149, 452/149, P. P. C., invoking section 561-A, Cr. P. C. A learned Single Judge dismissed the petition, holding that power could not be derived from that section to make the desired order. Reliance was placed on the view enunciated by this Court in the recentt case of Ghulam Muhammad v. Mozammal Khan (P L D 1967 S C 317). The decision is plainly correct. What is more, this petition is barred by time by 76 days, and the inadequate excuse is put B forward that the petitioners are all Chairmen or Members of Union Councils and "very busy persons". The petition is dismissed. Petition dismissed.