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1978 SCMR 132

Dr. MUHAMMAD ALYAS HASHMI vs MASOOD KHAN AND 5 Other

Citation1978 SCMR 132
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 107-R of 1977 Writ Petition
Date1978-09-12
Judge(s)Muhammad Afzal Cheema, Durab Patel
ResultPetition dismissed

ORDER

MUHAMMAD AFZAL CHEEMA, J.-Doctor Muhammad Alyas Hashmi petitioner herein feels aggrieved by the order of the Lahore High Court, dated 17.7-1977 whereby has Writ Petition No. 1059 of 1977 was dismissed in limine.

Mr. Hashmi has appeared in person and has argued his own case. According to him on 20-3-1975 while present in his Clinic Styled Atomi Health Centre, Murree Road, Rawalpindi, he was assaulted by respondents 1 to 5 and received an injury below the right eye and also grappled with one of the assailants who received right injuries case under section 307, P. P. C was registered against the petitioner which is still pending trial in the Court of the Ilaqa Magistrate. He was arrested and was released on bail after about 2 -- months when he filed a complaint against respondents 1 to 5 under section 307/450 /148/149, P. P. C. It appears that instead of consolidating the police challan against the petitioner and the complaint filed by him the learned Magistrate took up his case separately and after recording preliminary evidence discharged the respondents under section

253. Cr. P. C. His revision against this order was dismissed by the Additional Sessions Judge whereupon he invoked the constitutional jurisdiction of the High Court and his writ petition was dismissed in limine as stated earlier giving rise to the present petition.

We heard the petitioner quite at some length. Obviously he could not appreciate, the legal aspect of the matter and insisted on taking us through the statements of the witnesses produced by him at the preliminary hearing of his complaint. From the perusal of the record, it appears that he did no approach the police for getting a case registered against the respondents. While attacked by five assailants, he received only one injury as against eight by one of the assailants. Even otherwise it took him full one week to file the complaint after his release on bail in respect of the occurrence which had taken place more than two months earlier. We do not find any illegality in the High Court's order which had rightly dismissed his writ petition. The petition has no merit and is accordingly dismissed.

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