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1976 P Cr. L J 482

HIDAYAT SHAH AND ANOTHER vs THE STATE

Citation1976 P Cr. L J 482
CourtSindh High Court
Case No.Criminal Reference No, 20 of 1975
Date1976-02-11
Judge(s)Mushtaq Ali Kazi
ResultProceedings quashed

' This is a reference by IIIrd Additional Sessions Judge, Hyderabad recommending that proceedings started under section 1J7, Cr. P. C. Against the applicant as well as a witness cited in the police report by the Special Magistrate, Hyderabad may be quashed.

2. S. H.

0. Cantonment Police Hyderabad submitted a report to the' Court on 31-1.1974 that petitioner Hadayat Shah was dangerous person and, 4 he had abused one Abdul Ghafoor and proceedings under section 107 may be taken against Hidayat Shah. The learned Magistrate passed an order under section 112 not only against Hidayat Shah but also against Abdul Ghafoor in the course of one and the same proceedings. After recording the plea of Hidayat Shah and Abdul Ghafoor and stating that they had pleaded guilty the learned Magistrate remanded both of them to custody for want of sureties. The learned Additional Sessions Judge has pointed out that both the parties could not be proceeded against by passing a single order under section 112, Cr. P. C. And jointly in the same proceedings nor could the persons proceeded against be examined as witnesses one against the other. The entire proceedings appear to be irregular and misconceived. The learned Assistant Advocate-General supports the reference which is according!) accepted and the proceedings are hereby quashed. 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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