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PLJ 2018 Lahore 616

MUHAMMAD IMRAN vs ADDL. SESSIONS JUDGE, TEHSIL JAHANIAN, DISTRICT

CitationPLJ 2018 Lahore 616
CourtLahore High Court
Case No.W.P. No, 16818 of 2016
Date2016-12-14
Judge(s)Ch. Mushtaq Ahmad
ResultPetition allowed

ORDER

Petitioner being accused of FIR No, 15 dated 21.01.2015 registered u/S. 3/6 of Punjab Loud Speaker Ordinance, 2015 was convicted by learned Magistrate u/S. 294-PPC and imposed fine of Rs. 5000/- which was paid by him but prosecution challenged his conviction before learned Addl. Sessions Judge who set-aside the conviction and remanded the case holding that learned trial Court committed illegality by not recording confession of petitioner.

2. Heard. Perused.

3. Available record reveals that small speakers alongwith tape-record were recovered from the petitioner which were affixed with tractor and petitioner was allegedly found playing songs on' the same. Offence of playing songs was not covered by Punjab Loud Speaker Ordinance, 2015, especially when no private person was cited as witness to show that public peace was disturbed.

Hence, learned trial Court rightly convicted the petitioner u/S. 294, PPC and observation of learned revisional Court that summary procedure was not adopted/ followed by the trial Court, does not carry weight, thus not sustainable. Resultantly, this petition is allowed and impugned order dated 20.08.2016 is set-aside. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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