1979 P Cr (PLP)
MUHAMMAD AMIN AND 2 OTHERS-Petitioners Versus THE STATE AND ANOTHER- Respondents
| Citation | 1979 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Javid Iqbal, J |
| Parties | MUHAMMAD AMIN AND 2 OTHERS-Petitioners Versus THE STATE AND ANOTHER- Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1979 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 1979 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Javid Iqbal, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1979 P Cr (PLP) (MUHAMMAD AMIN AND 2 OTHERS-Petitioners Versus THE STATE AND ANOTHER- Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Muhammad Ali Zaidi for Petitioners.
- Ch. Ata Ullah for Respondent No. 2.
Headnotes / Summary
S. 561-A read with S. 249-A-Quashment of proceedings Petitioners moving trial Court under S. 249-A, Cr. P. C. for considering case against them on direction of High Court-Pro ceedings under S. 561-A, Cr. P. C. dropped, in circumstances.
Judgment & Decree
Criminal Miscellaneous No. 329-Q of 1977, decided on 16th April, 1979. -- S. 561-A read with S. 249-A-Quashment of proceedings Petitioners moving trial Court under S. 249-A, Cr. P. C. for considering case against them on direction of High Court-Pro ceedings under S. 561-A, Cr. P. C. dropped, in circumstances. Syed Muhammad Ali Zaidi for Petitioners. Ch. Ata Ullah for Respondent No.
2. In this case the position is that the petitioners have now moved an application under section 249-A, Cr. P. C. before the learned trial Magis trate and they pray that the record of this case be sent back so that the trial Magistrate may dispose of the application of the petitioners under section 249-A, Cr. P. C. Learned counsel for respondent No. 2 on the other hand submits that the present application under section 561-A Cr. P. C. for quashment of proceedings was premature and it should be disposed of as such. The criminal proceedings as against the petitioners at the instance of respondent No. 2 are being held under sec tion 307/377/342, P.P.C. and at present are pending in the Court of the Magistrate 1st Class with Section 30 Powers, Bahawalpur The petitioners bad moved this petition for quashment in which the record was summoned. But this Court directed them to move an application under section 249-A, Cr. P. C. as thereunder the trial Magistrate is empowered to acquit the accused persons at any stage if he were to arrive at the conclusion that no case was made out as against them. Since now the petitioners have moved this application before the trial Magistrate, the office is directed to send the record of this case back to the trial Court and the trial Magistrate is directed to dispose of the application of the petitioners under section 249-A, Cr. P. C. on merits and in accordance with law and without being influenced by any observation made by this Court. The present petition for quashment is disposed of. If the need arises, the petitioners may file a fresh petition for quashment, if so advised, in Lahore. Order accordingly. Order accordingly.