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1990 SCMR 536

Syed ALI KAUSAR ZAIDI vs MUHAMMAD SHAFIQUE and others

Citation1990 SCMR 536
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 290 of 1985
Date1989-03-20
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the judgment dated 3-2- 1985 of the Lahore High Court whereby the constitution petition of the petitioner was dismissed.

2. On the basis of an F.I.R. Lodged by the petitioner, respondents Nos.1 to 4 and one other were challaned in the Court of a Magistrate at Lahore in respect of offences under sections 452, 448, 457, 148, 147 and 380 of the Pakistan Penal Code. On the application of the said respondents, the learned Magistrate acquitted them under section 249-A, Criminal Procedure Code. The petitioner filed a revision petition before the Additional Sessions Judge but it was dismissed in limine. He then filed a constitution petition in the High Court which met the same fate.

3. The criminal proceedings arose out of a dispute over possession of a house situate at Fatch Sher Road, New Muzang, Lahore. It appears that prior to the registration of the criminal case, the local police had initiated proceedings under section 145, Criminal Procedure Code. These proceedings ended in favour of the respondents with the finding that the property in dispute was in their possession at the relevant time. A civil suit is already pending between the parties with regard to the same property. In the circumstances, we do not think this a fit case for interference by this Court. The petition is dismissed. 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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