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1977 SCMR 4

MUHAMMAD YOUNUS AND 3 Others vs Sardar BAQIR ALI AND Another

Citation1977 SCMR 4
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No. 25 of 1975 Criminal Miscellaneous No. 596-Q of 1974
Date1976-03-03
Judge(s)Muhammad Afzal Cheema, Salahuddin Ahmad
ResultAppeal partly allowed

1. SALAHUDDIN AHMAD, J.-This appeal by special leave of this Court is from on order of a learned Single Judge of the Lahore High Court refusing to quash the proceeding in a case registered against the appellants under sec--tions 406 and 420 read with section 109 of the Pakistan Penal Code pending before a First Class Magistrate, Chunian, District Lahore.

2. The learned counsel has, however, contended that the firm belonged to appellant Muhammad Younus alone as will appear from the complaint, and the money having been given and received by him only, the complaint against the accused other than Muhammad Younus does not lie. On inquiry, Mr. M. Bilal, learned Advocate, appearing on behalf of respondent No. 1 has stated that the receipt was executed by Muhammad Younus alone. Mr. Bilal has also failed to satisfy us that the firm in question is a joint one. In these circumstances we think that the case against appellants Nos. 2, 3 and 4, namely, Badar Younus, Jamal Younus and Pervaiz should be quashed.

3. The appeal is, accordingly, allowed to the extent that the case will proceed in the Court of the Magistrate, Chunian, against appellant Muhammad Younus only and that the case against the other three accused appellants shall stand quashed.

4. We direct that the case be tried out expeditiously. 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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