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1970 SCMR 758

MANAK ALI vs The STATE

Citation1970 SCMR 758
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 87 of 1970 Criminal
Date1970-04-30
Judge(s)Waheeduddin Ahmad, Mujibur Rahman Khan
ResultPetition dismissed

ORDER

1. WAHEEDUDDIN AHMAD, J.-This petition for special leave to appeal is directed against the order of a learned Single Judge of the High Court of West Pakistan, Lahore, in Criminal Revision No. 368 of 1970, dated the 7th April 1970. By this order the revision petition filed by the petitioner was dismissed.

2. Shahmand father of Dilawar complainant, had applied for the allotment of land under the Horse Breeding Scheme. His applica--tion was rejected. He filed an appeal against this order in the Court of Additional Commissioner, Multan. The prosecution case is that the petitioner approached Shahmand and induced him to pay a sum of Rs. 4,000 on the promise that the impugned order would be set aside and the land will be allotted to him. The matter was settled at Rs. 3,500 in the presence of Amir P. W. 2, Fazal P. W. 4 and Noor Muhammad P, W. 5 and the petitioner was given this amount in the presence of these persons. It is alleged that the appeal filed by Shahmand was dismissed by the Additional Commissioner, Multan. Thereupon, the comp--lainant demanded the money from the petitioner who returned Rs. 500 to him in the presence of Arnir and Shahabala P.

3. Ws. But failed to pay the balance of the amount. The petitioner was prosecuted under section 420, P. P. C. And Mr. Ghulam Ahmad Khan, Magistrate 1st Class, Sahiwal convicted and sentenced him to one year's rigorous imprisonment on the 2nd June 1969. The appeal was dismissed by the Sessions Judge, Sahiwal, on the 2nd April 1970. His revision as stated above was dismissed by the High Court on the 7th April 1970. The petitioner seeks permission to file an appeal against the said order.

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