Criminal Orders HC-Rules
Criminal Orders HC-Rules
Criminal Orders HC-Rules
Dear Members
HC Rules and Orders main Remand, Bail, Discharge, issuance of bailable, non-bailable
warrant, proclamation order, superdari order, identification parade, judgment writing,
examination-in-chief, cross-examination, framing of charge, agree/ disagree cancellation
report, probation order, judgment in complain case buht ahm hain. Yh sub es file main
hain. Please daikh lain but must not confused………..
Regard
Babar Nadeem………..Civil Judge……….Lahore.
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From
Babar Nadeem,
Civil Judge Class III,
Chichwatni.
To
No._______________ Dated._______2016.
Dear Sir,
Yours faithfully,
Babar Nadeem,
Magistrate,
Chichawatni.
Station Leave
From
Babar Nadeem,
Civil Judge Class III,
Chichwatni.
To
No._______________ Dated._______2016.
Dear Sir,
place Kasur to see my family. It is therefore, humbly requested that I may be allowed to
Yours faithfully,
Babar Nadeem,
Magistrate First Class,
Chichawatni.
Intimation for duty on Sunday
From
Babar Nadeem,
Civil Judge Class III, Magistrate First Class
Chichawatni.
To
No._________ Dated.________/2016.
Dear Sir,
I have the honour to submit that I have to perform duty as
duty judge on Sunday dated 20.03.2016 but due to urgent piece of work,
I have to go home. It is, therefore, humbly intimated that Mr. Khalid
Iqbal Civil Judge First Class, Magistrate First Class, Chichwatni is going
to perform duty on my behalf on Sunday dated 20.03.2016.
Thanking you in anticipation.
Present case has been entrusted to this court vide transfer order number
2498/Tf dated 02.10.2016 passed by Worthy District and Sessions Judge, Sahiwal, let it
be filed.
1.2 Further order on transfer.
Accused is/are present. His/Her/Their attendance has been marked on the
margin of order sheet. Learned counsel for the complainant is also present.
Perusal of record transpires that previously present case was fixed for
summoning of prosecution witnesses through summons. Let the case be adjourned for
summoning of prosecution witnesses through summons for 04.12.2016.
2- Power of attorney
2.1 Fresh Power of Attorney
Fresh power of attorney has been filed by Mr. Ch. Kamran Advocate on
behalf of accused Muhammad Ali, let it be filed.
2.2 Direction to submit power of attorney
3-Directions to Ahlmad
3.1 Direction to annex bail bond
Perusal of record transpires that present judicial file is not in sorting order
as interim orders are not date-wise arranged, so, Ahlmad is directed to produce this file
on next date of hearing after due compilation.
3.5 File not compiled
On the last date of hearing Ahlmad was directed to annex bail bonds to
present file and today he has reported that no bail bond has been submitted by the
accused up till now.
4-Investigation
4.1 Remand (Bailable Offence)
Present: Accused Imdad Hussain in police custody.
I.O Muhammad Ashraf alongwith record.
ADPP Muhammad Kamran for the state.
Accused has been tagged in instant case under section 13(2)(a) of Arms
Ordinance No.20 of 1965 as amended up-to-date and investigating agency has requested
for judicial custody. section 13(2)(a) of Arms Ordinance No.20 of 1965 as amended up-
to-date as per attached schedule with Cr.P.C is bailable in nature hence, bail as right in
favour of present accused is hereby extended subject to furnishing surety bond to the tune
of Rs.50,000/- with one local surety. In case of non-furnishing of surety bond he be
committed to judicial custody for 14 days and produced before Court of competent
jurisdiction alongwith report under section 173 Cr.P.C (complete or incomplete) with set
of prosecution witnesses on 06.01.2016.
Arguments heard. Record perused. I.O has requested for 14 days physical
remand of the accused in order to affect recovery. The abductee through her counsel has
produced affidavit Mark-A and stated that no one has abducted her or her child Sanam.
No one has committed Zana with her. Present case number 380/15, police station Ghazia
Abad is false and frivolous and she has no objection if all accused persons be acquitted.
The accused Jaffar is in custody, so, in the light of statement of victim as well as
submission of affidavit, there is no incriminating material available on the file to connect
the accused with the commission of alleged offence, so, accused jaffar is hereby
discharged in the case in hand and be released if not required in any other case. Affidavit
be annexed with file
Babar Nadeem,
Announced. MIC, Chichawatni,
04.11.2016. Sahiwal.
Present: I.O Rasheed Ahmad alongwith record.
Accused Muhammad Naeem under police custody.
Complainant Zulifqar Ahmad son of Hassan Muhammad in person
Learned Counsel for the complaint Qaiser Abass Khan Lagari Advocate
Learned ADPP Muhammad Kamran for the state.
Arguments heard. Record perused. I.O has requested for 14 days judicial
remand remand. The complainant through his counsel has produced affidavit Mark-A and
stated that he has entered into a compromise with the accused. I have taken all amount
from the accused person. I have no objection if the present accuse be discharged or
acquitted in the present case. The accused Muhammad Naeem is in custody, so, in the
light of statement of the complainant as well as submission of affidavit, accused
Muhammad Naeem is hereby discharged in the case in hand and be released if not
required in any other case. Affidavit be annexed with file
Announced. Babar Nadeem,
23.12.2016. Magistrate First Class,
Chichawatni.
Babar Nadeem,
Announced.
MIC, Chichawatni,
22.12.2016.
Sahiwal.
4.4 Physical Remand (First Time)
I.O has requested for 14 days physical remand of the accused in order to
affected recovery of sotta. Record perused from where it transpires that Accusation is
well founded as the accused is specifically nominated in the F.I.R and there is real
necessity for further investigation as recovery in the form of sotta is still to be effected.
Hence keeping in view the instructions and guide lines laid down in Ghulam Sarwar Case
(1984 PCrLJ 2588), physical remand of two days is hereby granted. I.O. is directed to
show progress during this period of remand. Accused again be produced in the court on
12.11.2016. Copy of this order be sent to the Worthy District & Sessions Judge, Sahiwal
for information.
Babar Nadeem,
Announced. MIC, Chichawatni,
04.11.2016. Sahiwal.
4.5 Physical Remand Subsequent
Present: I.O Ghulam Farid alongwith record.
Accused Muhammad Ameen, Mumtaz and Abdul Jabbar under police
custody.
Learned ADPP Muhammad Kamran for the state.
I.O has requested for 14 days physical remand of the accused in order to
affected recovery of 3 goats. Record perused from where it transpires that Accusation is
well founded as the accused is specifically nominated in the F.I.R and partial recovery
has been effected from the accused and there is real necessity for further investigation as
recovery in the form of goats is still to be effected. Hence keeping in view the
instructions and guide lines laid down in Ghulam Sarwar Case (1984 PCrLJ 2588),
further physical remand of three days is hereby granted. I.O. is directed to show progress
during this period of remand. Accused again be produced in the court on 25.11.2016.
Copy of this order be sent to the Worthy District & Sessions Judge, Sahiwal for
information.
Announced. Babar Nadeem,
22.12.2016. MIC, Chichawatni,
Sahiwal.
4.6 Physical Remand Request Turned Down
Present: I.O Mukhtar Ahmad A.S.I alongwith record.
Accused Muhammad Zahid and Muhammad Sajjad under police custody.
Learned ADPP Muhammad Kamran for the state.
I.O has requested for further physical remand of 06 days mainly on the
ground that another co-accused is still to be arrested on the pointation of the present
accused persons. Relevant Ziminis, F.I.R and previous remand orders have been perused
from where it transpire that recovery in the form of two pistoals have been effected on the
pointation of the accused persons and now these accused persons are not further required
for any other recovery. In respect of the I.O’s request that present accused persons are
required for pointation of other co-accused persons, it is submitted that it is not a strong
and exceptional ground to grant the remand of the present accused persons. Hence,
keeping in the view the guidelines laid down in Ghulam Sarwar Case (1984 P.Cr.L.J
2588), I.O’s request for further remand is hereby turned down and accused is hereby sent
to judicial lockup on judicial remand. The accused again be produced in the court
alongwith report U.S 173 Cr.P.C on 31.12.2016.
Announced. Babar Nadeem,
04.11.2016. MIC, Chichawatni,
Sahiwal.
Present: I.O Muhammad Mansha A.S.I alongwith record.
Accused Mehmood Sultan under police custody.
Learned ADPP Muhammad Kamran for the state.
I.O has requested for first physical remand of 14 days mainly on the ground
that accused is still to be investigated. I.O’s request that present accused is required for
further investigation is not a strong and exceptional ground to grant the physical remand.
Hence, keeping in the view the guidelines laid down in Ghulam Sarwar Case (1984
P.Cr.L.J 2588), I.O’s request for first physical remand is hereby turned down and accused
is hereby sent to judicial lockup. The accused again be produced in the court alongwith
report U.S 173 Cr.P.C on 13.01.2016.
Announced. Babar Nadeem,
30.12.2016. Judicial Magistrate First Class,
Chichawatni.
4.7 Police request for proceeding u/s 87
06.07.2016
Present: I.O alongwith record.
ADPP Muhammad Kamran for the State.
Report on warrants perused.
The I.O has requested for issuance of proclamation under section 87 Cr.P.C
against the accused persons because despite issuance of non bailable warrants of arrest,
the accused persons could not be arrested and they are deliberately avoiding their arrest
due to fear of this case. File perused. I.O’s request is genuine, so, in the interest of justice,
proclamation under section 87 Cr.P.C be issued in the name of accused persons and the
I.O is directed to submit his report till 14.012.2016.
Babar Nadeem,
Announced. MIC, Chichawatni,
04.11.2016. Sahiwal.
Dated:- 09.06.2014.
Present:- I.O in person.
Learned ADPP for the State.
Report under section 173 Cr.P.C in case FIR No.166/14, case FIR
No.155/14 and case FIR No.168/14 P/S Jalilabad against accused Assadullah son of
Mehdi so far been not forwarded. Application for postponement of proceedings in terms
of section 344 Cr.P.C by the investigating officer forwarded and he undertakes that
within few days report under section 173 Cr.P.C in supra cases after due scrutiny be
available before the Court. On request accused persons be produced on 23.06.2014 for
presence of report under section 173 Cr.P.C for commencement of trial.
Dated: 17.01.2016.
Present: Learned counsel for the petitioner.
Dated: 20.10.2016
Present: Accused Habib in police custody
Mr. Muhammad Kamran learned A.D.P.P for the State.
Today accused Habib appeared in police custody and it was stated by the
police officer that challan of present accused has already been sent to court. At this
Ahlmad is hereby directed to trace the challan in F.I.R no. 146/15 under section 380
Pakistan Penal Code, 1860 and produce before this court. On production and perusal it
transpired that it has been fixed by my predecessor for summoning of present accused in
custody for 07.01.2016. Hence, as per law and in the interest of justice, the date of
hearing is hereby shortened from 07.01.2016 to 08.12.2016.
As the case was fixed for summoning of the accused and accused is before
this court, so attendance of the accused has been marked on the margin of the sheet,
documents required under section 241-A of Code of Criminal Procedure, 1898 are hereby
supplied to the accused. Let the case be adjourned for 08.12.2016 for framing of charge.
Perusal of the record transpires that accused is without counsel, so accused
hereby directed to engage his counsel till next date of hearing.
Babar Nadeem,
20.10.2016. Judicial Magistrate First Class,
Chichawatni.
4.11 Statement under section 164
From
Babar Nadeem,
Judicial Magistrate 1st Class,
Chichawatni.
To
The worthy District & Sessions Judge,
Sahiwal.
No.______ Dated:______/2016.
Dear Sir,
Please find enclosed herewith recorded statement under section 164 Cr.P.C of
Mst. Rayqa Shaz, New Name Nosheen in case FIR No.369/15 dated 26.11.2016 P/S
Ghaziabad Chichawatni, Shahiwal.
Yours faithfully,
Babar Nadeem,
Judicial Magistrate 1st Class,
Chichawatni.
STATEMENT U/S 164 CR.P.C
07.10.2016
Present: All accused persons
Alleged abductee Mst. Rayqa Shaz, New Name Nosheen in custody of
Rukhsana Asmat Ullah 1315/LC.
I.O Ghulam Farid alongwith record.
O R D E R:
Police has requested for recording the statement U.S 164 Cr.P.C of the
abductee. It has been informed to Mst. Rayqa Shaz, New Name Nosheen that she is not
bound to get record her statement U/S 164 Cr.P.C and if she does so, the same can be
used as evidence against her. A time of half an hour is given to think over. All the un-
concerned people have been ordered to leave the courtroom.
Announced. Babar Nadeem,
28.11.2016. Judicial Magistrate First Class,
Chichwatni.
28-11-2016
Presence: As before.
She has insisted to record her statements U/S 164 Cr.P.C. Therefore, before
recording her statement, following questions are put to her.
Q. No.1 Do you know that you are appearing before a Magistrate for recording your
statement.
Ans. Yes, I know that I am appearing before a Magistrate.
Q No.2 Do you know that you are not bound to record your statement U/S 164
Cr.P.C and if you do so, the same may be used as evidence against you?
Ans. Yes, I know the same.
Q. No.3. Do you know that nobody has forced you in making the statement?
Ans. Yes, I am getting recorded my statement with my own free consent.
I have got myself satisfied that Mst. Rayqa Shaz, New Name Nosheen
wants to get record her statement with her own free consent. Therefore, her statement is
hereby recorded.
Announced. Babar Nadeem,
28.11.2016. Judicial Magistrate First Class,
Chichwatni.
STATEMENT OF VICTIM MST. RAYQA SHAZ, OTHER NAME
NOSHEEN
Stated that
xxxxxxxxx
Opportunity given to the accused persons for cross examination but they
did not opt to cross examine the victim.
Announced. Babar Nadeem,
17.01.2016. Judicial Magistrate First Class,
Chichwatni.
CERTIFICATE:
It is certified that I have explained to Mst. Rayqa Shaz, New Name
Nosheen that she is not bound to record her statement U/S 164 Cr.P.C and if he/she does
so, the same can be used as evidence against her and I believe that her statement has been
made voluntarily. It is taken in my presence and hearing and statement is dictated and
signed by me and the same has been read over to Mst. Rayqa Shaz, New Name Nosheen
and admitted by her as correct and it contains a full and true of the statement made by
her. Ahlmad is directed to seal the statement U/S 164 Cr.P.C and be sent to the Worthy
District & Sessions Judge, Sahiwal.
I.O has stated that accused persons namely Nisar Ahmad, Ahsan alias Shani
and Muhammad Afzal were sent to jail for identification parade. Now identification
parade has been conducted and accused persons are required for further investigation as
recovery is still to be affected, so above mentioned accused persons be summoned from
jail. The reason mentioned by the I.O is plausible. Let the accused persons be summoned
from Central Jail, Sahiwal for 05.12.2016.
Babar Nadeem,
Announced. MIC, Chichawatni,
04.11.2016. Sahiwal.
4.13 Female, Physical Remand Request Turned Down
I.O has requested for 05 day physical remand. Perusal of record reveals that
09 days physical remand has already been granted but no sufficient progress has been
shown by the I.O. Therefore, further physical remand is not justified and request of the
I.O for further physical remand is hereby turned down and accused is hereby sent to
judicial lockup on judicial remand. The accused again be produced in the court alongwith
report U.S 173 Cr.P.C on 15.07.2016.
Babar Nadeem,
Announced. MIC, Chichawatni,
04.11.2016. Sahiwal.
02.01.2016
Present: I.O alongwith record.
ADPP Muhammad Kamran for the State.
The I.O has requested for issuance of non-bailb warrant of accused persons
namely Abbas, Allah Baksh, Dur Muhammad and Nazir Ahmad. On the ground that
accused are to be arrested from a place out of district. File perused. I.O’s request is
genuine, so, in the interest of justice, non-bailable warrant are hereby issued.
Babar Nadeem,
Announced. MIC, Chichawatni,
04.11.2016.
Sahiwal.
5- Fresh Challan
5.1 Registration
The State versus --------------------
Arguments heard.
Perusal of record reveals that the accused persons has/have been
specifically nominated in the F.I.R. All the calendar witnesses have specifically
nominated the accused persons in their statement under section 161 of the Code of
Criminal Procedure, 1898. Hence, sufficient incriminating material is available on record
to summon the accused persons in order to face the trial. Let all the accused persons
including Muhammad Ameen son of Muhammad Hassan Caste Bhatti R/O 172/9-L
Chichawatni, Sahiwal be summoned in order to face the trial for 02.12.2016.
Arguments heard.
Perusal of record reveals that no incriminating material is available on the
record to commence trail against the accused persons placed in the column no. 02 of the
Challan. So the accused persons namely ……….. is/are hereby discharged of their
liability. Let the remaining accused persons be summoned through summons for
…………….. in order to face the trail.
Dated:- --.--.----
Present:- Accused -----1------ ------2-------
Learned ADPP Muhammad Kamran for the State.
Dated:- --.--.----
Present:- Accused -----1------ ------2-------
Learned ADPP Muhammad Kamran for the State.
Dated:- 19.10.2016.
Present:- Accused Abdul Majeed S/O Ali Share in custody
Learned ADPP Muhammad Kamran for the State.
Fresh challan, let it be registered.
Dated:- 15.10.2016.
Fresh complaisant, be registered accordingly.
Dated:- 19.10.2016.
Present:- Learned ADPP for the State.
Dated: 09.11.2016
Present: Accused Aalam Sher absent
Learned A.D.P.P Muhammad Kamran for state
Accused is absent. Once again process has not returned. Once Again/ Now
accused be summoned again through summons for 01.12.2016 from home address. In
case of non-service, process server and parvi officer be appeared in person.
Dated: 09.11.2016
Present: Accused Aalam Sher absent
Learned A.D.P.P Muhammad Kamran for state
Accused Alam is absent. Once again process has not returned. Now/Again
accused be summoned again through BWs valuing Rs. 10000/- for 01.12.2016. In case of
non-service, process server and parvi officer be appeared in person.
Dated: 09.11.2016
Present: Accused Aalam Sher with counsel …., present and accused Aalam Sher
absent
Learned A.D.P.P Muhammad Kamran for state
Accused alam is absent. Once again process has not returned. Now/Again
accused be summoned again through NBWs for 01.12.2016. Again/Also notice be issued
to surety to submit his reply in that regard. In case of non-service, process server and
parvi officer be appeared in person.
Dated: 09.11.2016
Present: Accused Javed absent
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed absent
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed present
Accused Javed absent.
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed absent
Learned A.D.P.P Muhammad Kamran for state
Process has returned according to which accused could not be served due to
certain reasons. Let accused be summoned through summmons for 01.12.2016 from
home address as well as central jail, Multan. In case of non-service, process server, parvi
officer be appeared in person.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
6.8 Returned, Valid Reason, BWs again
Dated: 09.11.2016
Present: Accused Javed absent
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed present
Accused Javed absent.
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed absent
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed absent
Learned A.D.P.P Muhammad Kamran for state
Accused is absent. On the last date of hearing accused was summoned
through BWs. Process has returned according to which attendance of the accused could
not be procured through BWs. Let accused be summoned now through NBWs for
01.12.2016.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
Dated: 09.11.2016
Present: Accused Muhammad Rafiq absent
Learned A.D.P.P Muhammad Kamran for state
Accused is absent. Record perused which transpires that process was not
issued on last date of hearing. Let show-cause notice be issued to concerned Ahlmad for
submitting his reply in this regard. Now accused be summoned again through summons
for 01.12.2016.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
Dated: 09.11.2016
Present: Accused Muhammad Rafiq absent
Learned A.D.P.P Muhammad Kamran for state
Accused is absent. Record perused which transpires that process was not
issued on last date of hearing. Let show-cause notice be issued to concerned Ahlmad for
submitting his reply in this regard. Now accused be summoned again through bailable
warrants valuing Rs. 10000/- for 01.12.2016.
Dated: 09.11.2016
Present: Accused Muhammad Rafiq absent
Learned A.D.P.P Muhammad Kamran for state
Accused is absent. Record perused which transpires that process was not
issued on last date of hearing. Let show-cause notice be issued to concerned Ahlmad for
submitting his reply in this regard. Now accused be summoned again through non-
bailable warrants for 01.12.2016.
So, in the light of the statement of the process server, let the proclamation be
issued against accused persons namely Pervaiz Anjum U/S 87 Cr.P.C. for 17.11.2016.
The proclamation shall be publish/affixed as follow:-
i) It shall be publicly read in some conspicuous place of the town or village in
which such person ordinarily resides,
ii) It shall be affixed to some conspicuous part of the house in which such
person ordinarily resides or to some conspicuous place of such town or
village.
iii) A copy thereof shall be affixed to some conspicuous part of the court
house.
Announced:
16.10.2016
Babar Nadeem
Magistrate 1st Class,
Chichawatni.
6.17 Awaiting Proclamation
Dated: 09.11.2016
Present: Accused Farooq on bail absent
Learned counsel for accused Farooq Mr. Ghulam Haider Gill Advocate
Accused Jafar absent
Learned A.D.P.P Muhammad Kamran for state
Accused Jafar is absent. Let accused be summoned again through NBWs
for 04.12.2016. Record perused from where it transpires that on last dates accused was
present but now he is absent. So His surety bonds are hereby forfeited. Show-cause notice
to surety to submit reply in that regard.
Dated: 09.11.2016
Present: Accused Farooq on bail absent
Learned counsel for accused Farooq Mr. Ghulam Haider Gill Advocate
Learned ADPP Muhammad Kamran for state
An application for dispensation of attendance has been filed by accused
Muhammad Ali. Reason for absence stated in the application is plausible as……………
, so, application is hereby accepted and attendance of accused Muhammad Ali
only for today is dispensed with. Let the prosecution witnesses be summoned through
summons for 30.11.2016.
6.21 Abatement on death
6.21.1 Calling Death Certificate
Dated: 09.11.2016
Present: Accused Farooq on bail absent
Learned counsel for accused Farooq Mr. Ghulam Haider Gill Advocate
Learned ADPP Muhammad Kamran for state
Today case was fixed for summoning of accused Rashid son of Maqbool
caste Muslim Sheikh resident of 147/9-L, Chichwatni, Sahiwal. Process has returned
according to which accused died. Under these circumstances concerned S.H.O is directed
to produce death certificate of allegedly deceased Rashid son of Maqbool caste Muslim
Sheikh resident of 147/9-L, Chichwatni, Sahiwal on 14.12.2016.
Today case was fixed for production of death certificate of accused Rashid
son of Maqbool caste Muslim Sheikh resident of 147/9-L, Chichwatni, Sahiwal but same
has not produced. Again robkar be issued in the name of S.H.O to produce death
certificate on 20.10.2016.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
Today, the case is fixed for submission of death certificate of the accused.
Ghulam Hussain No.171-C/process server has appeared in person before the court and
wants to get record his statement. Let his statement be recorded.
O R D E R:-
In view of the statement got recorded by the process server, the proceedings
to the extent of accused namely Muhammad Yar is hereby abated. The file be consigned
to the record room after its due completion.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
Today, death certificate of the accused Allah Yar in original has been
produced before the court. A photocopy after comparing with original has been made part
of present file and original death certificate has been returned.
Under these circumstances, the proceedings to the extent of accused namely
Muhammad Yar is hereby abated. Let the case be adjourned for summoning of
prosecution witnesses through summons for 30.10.2016.
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
Accused Javed Iqbal absent. Process has returned according to which the
address of the accused is neither correct not complete. So robkar be issued in the name of
concerned S.H.O to trace the correct and complete address of the accused and then
summon the accused through summons from that correct and complete address. Notice
also be issued in the name of surety to appear and submit correct and complete address of
the accused.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
Accused Javed Iqbal absent. Process has returned according to which the
address of the accused is neither correct not complete. Perusal of the record transpires
that it is Ahlmad’s negligence that incorrect address was mentioned in the warrant. Let
show-cause notice be issued in the name of both Ahlmad to submit their reply within two
days in that regard. Accused be summoned again through NBWs for 02.02.2016.
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
Accused Javed Iqbal absent. Process has returned according to which the
address of the accused is neither correct nor complete. So robkar be issued in the name of
concerned S.H.O to trace the correct and complete address of the accused and then
summon the accused through summons from that correct and complete address. Notice
also be issued in the name of surety to appear and submit correct and complete address of
the accused.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
6.25 Returned, name is not correct
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
Accused Javed Iqbal absent. Process has returned according to which the
name and parentage of the accused is neither correct nor complete. So robkar be issued in
the name of concerned S.H.O to trace the correct and complete name of the accused and
then summon the accused through summons with that correct and complete name. Notice
also be issued in the name of surety to appear and submit correct and complete address of
the accused.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
7-Accused Present
7.1 Summoning of witness
Dated: 09.11.2016. 181
Present: Accused Iftekhar alias Estaa on bail present
Learned A.D.P.P Muhammad Kamran for state
Dated: 03.10.2014.
Present: Learned A.D.P.P Muhammad Kamran for the State.
Bashir Ahmad ASI P/S Alpa produced Tanveer Ahmad son of Muhammad
Siddique after his arrest through perpetual non-bailable warrants of arrest being remained
proclaimed offender. Perusal of Faisala Register and application preferred from the
accused side it found that present accused was in attendance in criminal trial when fled
away from the proceedings and ultimately proclamation against him was issued and today
produce from the concerned police authority in connection with his perpetual non-
bailable warrants of arrest. It is also stated in the application that the present accused had
already been enlarged in case FIR No.81/09 on post-arrest bail and today ready to furnish
his fresh bonds with assurance to attend the trial proceedings. Keeping in view the earlier
bail allowed in favour of present petitioner in instant case if present petitioner today
furnished fresh surety to the tune of Rs.1,00,000/- to the satisfaction of the investigating
officer concerned he be released from custody and he is hereby directed to appear on
17.10.2014 and Ahlmad concerned is hereby directed to requisition the consigned file of
case FIR No.81/09 for the date fixed through a Talbi Robkar to Incharge record-room.
Copy of the order is hereby also sent to the Ahlmad concerned to do the needful.
Dated: 04.02.2016.
Present: Learned A.D.P.P Muhamamd Kamran for the State.
Dated: 20.02.2016.
Present:- Ch. Muhammad Saeed advocate, learned counsel for the petitioners.
Fresh application, be registered.
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
8-Witness Absent
8.1 Not returned, summons again
Dated: 09.11.2016
Present: Accused Aalam Sher present
Learned A.D.P.P Muhammad Kamran for state
Accused is absent. Once again process has not returned. Once Again/ Now
accused be summoned again through summons for 01.12.2016 from home address. In
case of non-service, process server and parvi officer be appeared in person.
Dated: 09.11.2016
Present: Accused Aalam Sher present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Aalam Sher present
Learned A.D.P.P Muhammad Kamran for state
No prosecution witness present. Once again process has not returned. Now/
Again prosecution witnesses be summoned through NBWs for 01.12.2016. In case of
non-service process-server and parvi officer be appeared in person.
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
No prosecution witness present. On the last date of hearing witnesses were
summoned through summons. Process has returned according to which attendance of the
witnesses could not procured through summons. Let prosecution witnesses be summoned
now through BWs valuing Rs. 10000/- for 01.12.2016.
Dated: 09.11.2015
Present: Accused Javed present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Muhammad Rafiq present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Muhammad Rafiq present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Muhammad Rafiq present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Muhammad Rafiq present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Accused Muhammad Rafiq present
Learned A.D.P.P Muhammad Kamran for state
9-Witness Present
9.1 Lawyers on strike, adjourned
Dated: 09.11.2016. 222
Present: All accused present
Learned counsel for complainant Mr. Ch. Babar Sultan Ahmad Naeem
Advocate
Learned A.D.P.P Muhammad Kamran for state
Prosecution witnesses are present but learned counsel for the accused has
request for an adjournment on the ground that fresh power of attorney has been filed. As
per request and for the sake of justice, an adjournment is hereby granted. Now
prosecution witnesses be bound for evidence for 09.11.2016.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
9.3 Attendance marked, request by complainant counsel
Dated: 09.11.2016. 222
Present: All accused present
Learned counsel for complainant Mr. Ch. Babar Sultan Ahmad Naeem
Advocate
Learned counsel for accused Mr. Ch. Babar Sultan Ahmad
Learned A.D.P.P Muhammad Kamran for state
Prosecution witnesses are present but learned counsel for the complainant
has request for an adjournment on the ground that fresh power of attorney has been filed.
As per request and for the sake of justice, an adjournment is hereby granted. Now
prosecution witnesses be bound for evidence for 09.11.2016.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
9.4 Attendance marked, Joint request
Dated: 09.11.2016. 222
Present: All accused present
Learned counsel for complainant Mr. Ch. Babar Sultan Ahmad Naeem
Advocate
Learned counsel for accused Mr. Ch. Babar Sultan Ahmad
Learned A.D.P.P Muhammad Kamran for state
Prosecution witnesses are present but both learned counsel have jointly
request for an adjournment on the ground that today is strike and promise to record
evidence on 09.09.2011. Let the prosecution witnesses be bound for their evidence for
09.11.2016.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
\9.5 Partly evidence recorded
Dated: 09.11.2016. 222
Present: All accused present
Learned counsel for complainant Mr. Ch. Babar Sultan Ahmad Naeem
Advocate
Learned counsel for accused Mr. Ch. Babar Sultan Ahmad
Learned A.D.P.P Muhammad Kamran for state
Today case was fixed for prosecution evidence but only one PW who is
also complainant of the case is present before the court. Let the PW present in the court
be bound for recording his evidence. He has also recorded is statement in this behalf that
he will produce all private witnesses on next date of hearing. Prosecution witnesses also
be summoned through NBWs for 09.12.2016.
Today case was fixed for prosecution evidence and today one witness is
present but learned counsel for the accused has raised objection that present witness is the
recovery witness but recovered article is not present before the court. So there is request
to call for case property. Request of the learned counsel is genuine, so a robkar be issued
in the name of concerned S.H.O to produce case property on 27.01.2016. Witness present
in the court is also bound for evidence for said date. Remaining prosecution witnesses
also summoned through NBWs for said date.
10-Trail
10.1 Supply of documents
Charge has been framed. Accused has not pleaded guilty. Let the
prosecution witnessed be summoned through summons for 10.11.2016.
Dated:- 27.09.2014.
Present:- Learned ADPP Muhammad Kamran for the State.
Akhtar Hussain 861/C Parivi Officer/process server P/S Bohar Gate,
Multan.
Accused Abid is absent. As per report of the process server Abid Hussain
son of Mushtaq Ahmad had already breathed his last and separate statement in this regard
also recorded on Oath. In the light of express statement case against Abid Hussain son of
Mushtaq Ahmad, caste Ansari is hereby abated.
Today case was fixed for framing of charge but accused said that he wanted
to be charged in the presence of his counsel. Let the case be adjourned for framing of
charge for 20.11.2016.
Today prosecution evidence is has been completely recorded. Let the case
be fixed for statements of accused persons under section 342 of Cr.P.C for 11.01.2016.
Announced. Babar Nadeem,
04.01.2016. MIC, Chicawatni
Sahiwal.
10.12 Consolidating supplementary into incomplete
Two files are before this court. One is incomplete Challan and
other is supplementary challan. Let the Ahlmad be directed to
consolidate both supplementary and incomplete challan and produce the
file after compilation. Now further order shall be made in judicial file of
incomplete challan.
11-Cancellation Report
11.1 Agree in presence of complainant
On Oath stated that present accused persons present before the court are/is
not my culprits. Though the occurrence stated in the FIR is true yet I am satisfied that the
same occurrence was not taken place by accused persons present before the court. Due to
some misunderstanding I nominated present accused persons out of suspicion.
Dated: 09.11.2016
Present: Learned A.D.P.P Muhammad Kamran for state
Dated: 19.11.2016
Present: Complainant present
Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Learned A.D.P.P Muhammad Kamran for state
Dated: 09.11.2016
Present: Learned A.D.P.P Muhammad Kamran for state
Present:- None.
Learned A.D.P.P for the State
Repeated notices have been issued to the complainant but no body has
turned up on behalf of the complainant. Perusal of the record reveals that the instant
cancellation report has been submitted by the local police. Record has been perused. No
incriminating material is available on the record. The accused was discharged by the area
magistrate on the compromising statement by the complainant. The opinion of the police
is well founded and the same is agreed. Hence, case FIR No.371 of 2010 is hereby
cancelled. Police file be returned to the police station with the direction to the SHO
concerned to make the fact of the same entered in the relevant register. File be consigned
to the record room after its due completion.
Announced:-
Dated:-25.07.2011. Shafqat Saeed Gondal
Magistrate Section-30
Sahiwal
11.9 Disagree
Proforma one 01
Learned counsel placed attested copy of pre-arrest bail order dated
08.08.2014. Perusal of record transpires no scrutiny in terms of section 9(7) Punjab
Criminal Prosecution Service (Constitution, Function & Powers) Act, 2006. However,
perusal of record and case diaries available with police file transpires implicating
statement of alleged abductee under section161 Cr.P.C against both Irfan and Rabia
accused. He raised allegation of Zina against Muhammad Irfan and also raised stealth
misappropriation of cash and two tolas gold ornaments against Rabia. During bail
proceedings Muhammad Qasim son of Noor Muhammad the complainant of case FIR
No.140/14 made stance of no contest against present accused person. Attending
circumstances shows the edifice of prosecution case rest upon abductee statement and
abductee’s exoneration no where available with instant record hence copies in terms of
section 241-A Cr.P.C against both the accused is hereby delivered for framing of charge
and for ascertaining the attracted provision. Instant trial file be put up on 16.05.2016.
Proforma no. 02
22-10.2015.
Present: Complainant Mr. Muhammad Sajjad in persons
Victim Sadia Bibi in person
Learned counsel for the complainant as well as victim Mr. Ch.
Muhammad Ajmal Dogar Advocate
Learned ADPP Muhammad Kamran for the state.
12-Discharge Report
12.1 Agree
05.10.2016.
Present:- Learned counsel for the petitioner.
ADPP for the State.
The petitioner has moved present application in case FIR No. 279/15 u/s 337F(v),
337L(2), 342, 148/ 149 PPC, Police Station Ghaziabad, Chichawatni in which petitioner
has alleged that police has not added the offence according to the contents of petition as
offence u/s 452 PPC is fully attracted, hence, S.H.O/I.O be directed to add offence u/s
452 PPC. At the end it was prayed to accept the present application.
2. Heard. Record perused.
3. Bare perusal of record transpires that through its zimni number 12 dated
05.10.2016, police has already added offence u/s 452 Cr.p.C. Hence present application
has been infructuous, hence dismissed. Record be consigned to record room.
05.10.2016.
Present:- Learned counsel for the petitioner.
ADPP for the State.
The petitioner has moved present application in case FIR No. 279/15 u/s 337F(v),
337L(2), 342, 148/ 149 PPC, Police Station Ghaziabad, Chichawatni in which petitioner
has alleged that police has not added the offence according to the contents of petition as
offence u/s 365 PPC is fully attracted, hence, S.H.O/I.O be directed to add offence u/s
365 PPC. At the end it was prayed to accept the present application.
2. Heard. Record perused.
3. There is no iota of doubt about the fact that the court has ample power to
delete or add an offence however, this is not proper stage for the addition or deletion of
the offence and any direction to the police for the addition of the offence at this stage will
amount interfere in the investigation which is not warranted by law. This can be done at
the time of taking cognizance and framing of charge. It is also pertinent to mention here
present court is not bound by the sections with which accused is charged by the police as
the ipsi dixit of the police is not binding on the court. Infact it is the evidence collected
through investigation from where court can determine what the proper offence is made
out and with which offence, accused is to be charged. Even the court can amend the
charge at any stage of the trial.
5. In the light of what has been discussed above, the application will remain
pending and will be decided after submission of any report u/s 173 Cr.P.C. This order
will have no effect upon the pending investigation from any aspect. Let this order and the
application be made the part of challan.
CHARGE SHEET
That on 03.02.2016 at about 6:50 pm you accused was arrested by the local
police on suspicion from 68 Mor within territorial limits of Police station Ghaziabad and
on personal search 80 grams Charas was recovered from your possession thus you
accused have committed offence under section 6 CNSA punishable under section 9-A of
CNSA of 1997 which is within the cognizance of this court.
And I hereby direct you accused to be tried by this Court on the aforesaid
charge.
Q.No.1. Have you heard and understood the charge framed against you
Ans. Yes.
Q.No.2. Do you plead guilty to the charge?
Ans. Yes.
R.O.&.A.C. Babar Nadeem,
29.10.2016. Judicial Magistrate First Class,
Chichawatni.
Dated: 29.10.2016.
Present. Accused Ishtiaq on bail
Learned ADPP on behalf of state.
The accused replied in affirmative to the allegations and wants to record his
confessional statement. He is hereby informed about the consequences of confessional
statement. Court inquired regarding volunteer nature of the whim to record confessional
statement. On inquiry the accused shows his repentance and bow before Court of law for
leniency due to his destituted status and sole bread winner of the family. He was given
time for re-thinking over his intentions and after thinking he came and insisted for
recording his statement. Court considers present accused as well aware and volunteer to
record confessional statement Let statement be recorded as under:-
CHARGE SHEET
And I hereby direct you accused to be tried by this Court on the aforesaid
charge.
The above charge has been read over and explained to the accused to which he
pleaded guilty.
Q.No.1. Have you heard and understood the charge framed against you
Ans. Yes.
Q.No.2. Do you plead guilty to the charge?
Ans. Yes.
R.O.&.A.C. Babar Nadeem,
07.02.2016 Judicial Magistrate First Class,
Chichawatni
Dated: 07.02.2016.
Present. Accused Muhammad Bakhsh alias Mummy son of Bashir Ahmad on bail.
Learned ADPP Muhammad Kamran on behalf of state.
The accused replied in affirmative to the allegations and wants to record his
confessional statement. He is hereby informed about the consequences of confessional
statement. Court inquired regarding volunteer nature of the whim to record confessional
statement. On inquiry the accused shows his repentance and bow before Court of law for
leniency due to his destitute status and sole bread winner of the family. He was given
time for re-thinking over his intentions and after thinking he came and insisted for
recording his statement. Court considers present accused as well aware and volunteer to
record confessional statement Let statement be recorded as under:-
Dated: 20.10.2016.
Present: Complainant Muhammad Shafi in person
Mr. Chaudhary Muhammad Sharif Gujjar Advocate on behalf complainant
Accused Muhammad Tahir in person
Mr. Chaudhary Imran Amjad Sindhu Advocate on behalf of accused
Mr. Muhammad Kamran learned A.D.P.P for the State.
Babar Nadeem,
20.10.2016. Judicial Magistrate First Class,
Chichawatni.
Dated: 22.10.2016
Present: As before
The accused has pleaded guilty. His/Her confessional statement has been
recorded. Vide by my separate order of even date in English, the accused is hereby
convicted. However, instead of sentencing him/her, he/she be sent on probation for a
period of one year. File be consigned to record room after due compilation.
Babar Nadeem,
22.10.2016. Judicial Magistrate First Class,
Chichawatni.
Dated: 14.10.2016.
Present: Learned A.D.P.P Mr. Muhammad Kamran
Complainant in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Arguments heard. The complainant has filed the complaint in hand against
the respondents namely Babar Masih, Manga Masih, Malik Anwar, William Masih,
Samson Masih and Irfan under sections 452/354, 337-F(i), 148/149 PPC within the
jurisdiction of police station Ghaziabad, Chichawatni. Firstly Mst. Razia Bibi
complainant appeared before the court and recorded his/her cursory evidence. Later on
Muhammad Younis and Zakar also appeared in the court, recorded his/her/their cursory
evidence and supported the version of complainant and contents of the complaint.
Learned counsel for the complainant produced attested copy of Medical Legal Certificate
No. 65/AS/15 of complainant as exhibit PB and closed the cursory evidence.
As discussed above, through oral as well as documentary cursory evidence,
prima facie, the offences are made out against the respondents so, it would be in the
interest of Justice to summon the respondents namely Babar Masih, Manga Masih, Malik
Anwar, William Masih, Samson Masih and Irfan to appear in the court to face the
proceedings of trial. So, the respondents be summoned through issuance of summons for
26.10.2016.
Perusal of record shows that the petitioners have been summoned being
accused in above titled private complaint, therefore, to ensure the attendance of petitioner
in private complaint, the application is accepted and the petitioners are directed to file
bail bonds in the sun of Rs.1,00,000/- each with one surety each in the like amount to the
satisfaction of this court. Order be annexed with main file.
Announced. Babar Nadeem,
14.10.2016. Judicial Magistrate First Class,
Sahiwal.
15.3 Adjournment for remaining cursory evidence
Dated: 14.10.2016.
Present: Complainant in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Today case was fixed for recording of remaining cursory evidence but
learned counsel for the complainant has requested for an adjournment on the ground that
……………….. As per request and for the sake of justice an adjournment is granted Now
come up for remaining cursory evidence for 20.10.2016.
Dated: 14.10.2016.
Present: Complainant in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Today case was fixed for preliminary arguments but learned counsel for the
complainant has requested for an adjournment. As per request and for the sake of justice
an adjournment is granted Now come up for remaining cursory evidence for 20.102.2016.
Announced. Babar Nadeem,
14.10.2016. Judicial Magistrate First Class,
Sahiwal.
15.5 Order (Noor Elahi Case)
Dated: 14.10.2016.
Present: Complainant in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Dated: 14.10.2016.
Present: Complainant in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Complaint is fresh, let it be registered. Learned counsel for the complainant
has requested for an adjournment to record cursory evidence on next day of hearing. Let
the case be adjourned for recording of cursory evidence for 19.12.2016.
15.8 Fresh Complaint, cursory evidence recorded
Dated: 14.10.2016.
Present: Complainant in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Dated: 14.10.2016.
Present: Complainant in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Cursory evidence of one witness has been recorded. Learned counsel for
the complainant has requested for an adjournment to record remaining cursory evidence
on next day of hearing. Let the case be adjourned for recording of cursory evidence for
19.12.2016.
Dated:- 15.10.2015.
Fresh complaisant, be registered accordingly.
16- Applications
16.1 Request for adjournment
Dated: 14.10.2016.
Present:
Complainant in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Accused Mr. Ali in person
Learned counsel for the accused Mr. Ch. Umar Farooq Gujjar Advocate
Learned A.D.P.P Mr. Muhammad Kamran
Today case was fixed for arguments on the application under section 249-A
but learned counsel for the accused has requested for an adjournment. As per request and
for the sake of justice an adjournment is granted. Now come up for arguments on the
application under section 249-A for 16.11.2016.
Dated: 14.10.2016.
Present:
Complainant in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Accused Mr. Ali in person
Learned counsel for the accused Mr. Ch. Umar Farooq Gujjar Advocate
Learned A.D.P.P Mr. Muhammad Kamran
Fresh application under section 249-A Cr.P.C has been filed, let it be
registered. Notice be issued to the respondent/ complainant for arguments on 26.11.2016.
Dated: 14.10.2016.
Present:
Complainant in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Accused Mr. Ali in person
Learned counsel for the accused Mr. Ch. Umar Farooq Gujjar Advocate
Learned A.D.P.P Mr. Muhammad Kamran
ORDER
Petitioner/accused Mst. Shahnaz Kousar and Rasheeda Bibi has moved the above
said application by maintaining therein that she is a Parda Nashin and domestic lady and
cannot appear before the court on every date of hearing; that her attendance be dispensed
with till final decision of the case. At the end it is prayed for acceptance of instant
application.
Learned ADPP for the state has vehemently opposed the instant application.
It transpires from the record that reason stated by the petitioners for dispensation
of their attendance is plausible. Under these circumstances attendance of Mst. Rashidan
Bibi is hereby dispense with and she is hereby allowed to appear through her pleader
Mudassar Muroof Virik Advocate. Learned counsel for the petitioner is directed to attend
the court on each and every date of hearing. It is also pertinent to mention here that if at
any stage of the case court thinks it appropriate, may direct the personal attendance of the
accused if the court deems it necessary. With these reasons application in hand is hereby
accepted to the extent to of Mst. Rasheedan Bibi.
Announced.17.10.2016
Magistrate Ist Class,
Chichawatni
ORDER
Petitioner/accused Mst. Shahnaz Kousar and Rasheeda Bibi have moved the above
said application by maintaining therein that there is nothing on the record to charge the
present accused persons under section 452 PPC, hence, instant application for amending
the charge by deleting charge under section 452 PPC.
Learned ADPP for the state has vehemently opposed the instant application.
Arguments heard, record perused.
Before I decide this application it is proper to reproduce section 452 PPC as under:
“452. House-trespass after preparation for hurt, assault or
wrongful restraint:
Whoever commits house-trespass having made preparation for
causing hurt to any person or for assaulting any person, or for
wrongfully restraining any person, or for putting any person in
fear of hurt, or of assault, or of wrongful restraint, shall be
punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to
tine.”
Now here is the relevant portion of the F.I.R which constitute that all ingredients
of section 452 are present in the F.I.R:
-----------------------------------------------------------------------------------
-----------------------------------------------------------------------------------
-------------------------------------------------------------------------------
What has been said above, it becomes crystal clear that there is sufficient material
on the record to charge the present petitioners/ accused under section 452, PPC. Hence
present application is hereby dismissed. Present order be annexed to main file.
Babar Nadeem,
18.11.2016. Judicial Magistrate First Class,
Chichawatni.
Dated: 14.10.2016.
Present:
Complainant in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Accused Mr. Ali in person
Learned counsel for the accused Mr. Ch. Umar Farooq Gujjar Advocate
Learned A.D.P.P Mr. Muhammad Kamran
Today case was fixed for arguments on the application under section 249-
A. Learned counsel for the petitioner has completed his arguments. Let the case be fixed
for arguments by respondent counsel for 16.11.2016.
Announced. Babar Nadeem,
09.11.2016. MIC, Chicawatni
Sahiwal.
16.7 Summoning evidence by pending application
Dated: 14.10.2016.
Present:
Complainant Mr. Ali in person.
Learned counsel for the complainant Mr. Ch. Umar Farooq Gujjar
Advocate
Accused Mr. Ali in person
Learned counsel for the accused Mr. Ch. Umar Farooq Gujjar Advocate
Learned A.D.P.P Mr. Muhammad Kamran
ORDER
Petitioner moved the above said application by maintaining therein that accused
persons mentioned in column No.2 namely Muhammad Ameen son of Muhammad
Hassan Caste Bhatti R/O 172/9-L Chichawatni, Sahiwal has/have been declared innocent
in the police investigation and he/she/they have been placed at column No.2 of the report
under Section 173 Cr.P.C, therefore, sufficient incriminating material is available against
the accused persons, so, she/he/they be summoned for trial to meet the ends of justice.
Arguments heard, record perused.
Perusal of record reveals that the accused is/are has been specifically nominated in
the F.I.R. All the calendar witnesses have specifically nominated the accused persons in
their statement under section 161 of the Code of Criminal Procedure, 1898. Hence,
sufficient incriminating material is available on record to summon the accused persons in
order to face the trial. Let the accused Muhammad Ameen son of Muhammad Hassan
Caste Bhatti R/O 172/9-L Chichawatni, Sahiwal be summoned in order to face the trial
for 02.12.2016.
Announced. Babar Nadeem,
25.11.2016. MIC, Chicawatni
Sahiwal.
Dated: 20.10.2016.
Present: Complainant Muhammad Shafi in person
Mr. Chaudhary Muhammad Sharif Gujjar Advocate on behalf complainant
Accused Muhammad Tahir in person
Mr. Chaudhary Imran Amjad Sindhu Advocate on behalf of accused
Mr. Muhammad Kamran learned A.D.P.P for the State.
Complainant Ali Ahmad son of Ghulam Nabi in person turned up. Copies
delivered in terms of section 241-A Cr.P.C to the accused. The accused present before the
Court in presence of his counsel requested for dispensing with 7 days time to frame
charge against them, the same is hereby dispensed with and on a separate page charge
against accused has been framed.
Muhammad Mustafa,
20.10.2016. Judicial Magistrate First Class,
Chichawatni.
Dated: 22.10.2016
Present: As before
The evidence of complainant as PW-1 has been recorded. An application
under section 249-A has been filed by the accused. Let it be decided.
Babar Nadeem,
22.10.2016. Judicial Magistrate First Class,
Chichawatni.
Dated: 22.10.2016.
Present: As before
Babar Nadeem,
22.10.2016. Judicial Magistrate First Class,
Chichawatni.
The State versus Tahir
1. The petitioner namely Muhammad Tahir son of Latif caste Rajpoot resident
of Chak no. 57/12-L, Chichwatni has filed above captioned application with the version
that the witness PW-1 (Complainant) namely Muhammad Shafi son of Allah Baksh has
recorded his exonerating statement in favour of the accused /petitioner, so, there is no
probability of conviction of the present accused in the light of recorded evidence, and
summoning of further prosecution evidence would only be a futile exercise, charge has
become groundless. There is no probability of conviction of the accused, so accused be
acquitted in this case.
2. As per story narrated in the complaint Ex.PA is that on 01.11.2014 at about 02:00
p.m in the area of 57/12.L, within the territorial limits of P.S Ghaziabad he firstly along
with his co-accused committed rioting with deadly weapons for the purpose of theft in the
house of complainant; secondly he along with his co-accused in prosecution of common
object of all committed theft in the house of complainant; thirdly on the same date, time
and place he along with his co-accused in prosecution of common object of all committed
mischief by destroying pots, doors and wall of the house of the complainant; and fourthly
on the same date, time and place he along with his co-accused in prosecution of common
object of all committed criminal trespass by entering upon the property in possession of
the complainant with the intention to take possession of that property unlawfully.
3. After submission of challan the accused/petitioner was charge sheeted and
accused pleaded not guilty and claimed for trial, hence prosecution evidence was
summoned. Muhammad Shaif, who is the complainant of this case, appeared as PW-1 on
22.10.2016 and deposed that petitioners/ accused present in the court is not his culprit;
that though the occurrence stated in the FIR is true yet he is satisfied that the same
occurrence was not taken place by this accused present before the court; that due to some
misunderstanding he nominated the present accused out of suspicion. During cross-
examination by the Learned ADPP, he denied the suggestion that after greasing his palm
through present accused he made exonerating statement in his favour.
4. As discussed above, PW1 has recorded his exonerating statements in favour
of accused. He stated that present accused is not his culprit; that he satisfied himself that
the occurrence was not taken place by the present accused; that due to some
misunderstanding he nominated the accused. During cross-examination, he denied the
suggestion put by the learned ADPP that after greasing his palm through present accused
he made exonerating statement in his favour. The prosecution story is based on statement
of complainant but after recording of the said vital witnesses of this case, the whole
building of the prosecution story has been collapsed and there is no probability of
conviction of the accused persons present in the court. Charge has become groundless. It
is well settled principle of law that if the direct evidence does not support the prosecution
case, the remaining corroborating evidence loses its evidentiary value if any. With these
observations the accused namely Muhammad Tahir son Muhammad Bashir present in the
court is hereby acquitted of the charge U.S 249-A of Cr.P.C. Sureties of the accused who
is on bail, is hereby discharged of his bail bond obligations. Case property if any shall
remain with its lawful owner. File be consigned to the record room after its due
completion.
Babar Nadeem,
22.10.2016. Judicial Magistrate First Class,
Chichawatni.
Babar Nadeem,
20.10.2016. Judicial Magistrate First Class,
Chichawatni.
Dated: 20.10.2016.
Present: As Before
Babar Nadeem,
20.10.2016. Judicial Magistrate First Class,
Chichawatni.
Dated: 20.10.2016.
Present: As before
Vide by my separate order of even date in English, all accused persons are
hereby acquitted. File be consigned to record room after due compilation.
Babar Nadeem,
20.10.2016. Judicial Magistrate First Class,
Chichawatni.
The State versus Nadeem etc
On Oath stated that present accused all present accused persons are not my
culprit. Though the occurrence stated in the FIR is true yet I am satisfied that the same
occurrence was not taken place by these accused persons present before the court. Due to
some misunderstanding I nominated these accused persons out of suspicion. At this stage
learned ADPP has requested to declare the witness hostile because of being won over
with the accused. Request is genuine, so witness is hereby declared hostile, let him/her be
cross-examined by the state.
It is correct that I lodged Exh.P-A for FIR with P/S Ghaziabad which bears
my signature Exh.P-A/1. Volunteered that due to some misunderstanding I lodged instant
FIR against present accused persons. It is incorrect to suggest that after greasing my palm
through present accused I made exonerating statement in his favour.
O R D E R.
2. As per story narrated in the complaint Ex.PA is that they on 08.07.2014, at about
11:00 PM, by entering the house of complainant Sakina Bibi armed with fire arms by
making un-lawful assembly in prosecution of common object of said unlawful assembly
and committed rioting; that on the said time and place and while armed with their
respective weapons in pursuance of their common object arranged unlawful assembly,
trespassed the complainant’s house with intention to make assault on complainant party;
that they on the above said time and place and while armed with their respective weapons
in pursuance of their common object arranged unlawful assembly, outraged the modesty
of complainant by dragging her and torn her clothes.
3. After submission of challan the accused/petitioners were charge sheeted
and accused pleaded not guilty and claimed for trial, hence prosecution evidence was
summoned. Sakina Bibi wife of Muhammad Mansha, who is the complainant of this case,
appeared as PW-1 on 20.10.2016 and deposed that petitioners/ accused persons present in
the court are not her culprits; that though the occurrence stated in the FIR is true yet I am
satisfied that the same occurrence was not taken place by these accused persons present
before the court; that due to some misunderstanding she nominated these accused persons
out of suspicion. During cross-examination by the Learned ADPP, she denied the
suggestion that after greasing her palm through present accused she made exonerating
statement in his favour.
Babar Nadeem,
20.10.2016. Judicial Magistrate First Class,
Chichawatni.
Dated: 30.10.2016.
Present: Learned A.D.P.P Muhammad Kamran for the State.
Babar Nadeem,
30.10.2016. Judicial Magistrate First Class,
Chichawatni.
Dated: 30.10.2016.
Present: As before
Babar Nadeem,
30.10.2016. Judicial Magistrate First Class,
Chichawatni.
Dated: 30.10.2016.
Present: As before
Vide by my separate order of even date in English, all accused persons are
hereby acquitted. File be consigned to record room after due compilation.
Babar Nadeem,
30.10.2016. Judicial Magistrate First Class,
Chichawatni.
The State versus Muhammad Arshad etc
On Oath stated that present accused are not the culprit of the case; I am
satisfied that the same occurrence was not taken place by accused present before the
court. Due to some misunderstanding I nominated present accused out of suspicion. At
this stage learned ADPP has requested to declare the witness hostile because of being
won over with the accused. Request is genuine, so witness is hereby declared hostile, let
him/her be cross-examined by the state.
It is correct that I lodged Exh.P-A for FIR with P/S Ghaziabad which bears
my signature Exh.P-A/1. Volunteered that due to some misunderstanding I lodged instant
FIR against present accused persons. It is incorrect to suggest that after greasing my palm
through present accused I made exonerating statement in his favour.
On Oath stated that present accused are not the culprit of the case; I am
satisfied that the same occurrence was not taken place by accused present before the
court. Due to some misunderstanding I nominated present accused out of suspicion. At
this stage learned ADPP has requested to declare the witness hostile because of being
won over with the accused. Request is genuine, so witness is hereby declared hostile, let
him/her be cross-examined by the state.
O R D E R.
Babar Nadeem,
30.10.2016. Judicial Magistrate First Class,
Chichawatni.
Today the case was fixed for prosecution evidence in F.I.R no. 167/14 u/s
337-F(v), 337-F(i), 337-A(i) and 34 PPC pertaining to police station Ghaziabad,
Chichwatni in which complainant Maqbool Hassan appeared as PW-1 whereas injured
witness appeared as PW-2 and stated that we have forgiven all the accused present in the
court in the name of Allah. They do not want to proceed with the case. They have no
objection if all the accused be acquitted. Sections 337-F(v), 337-F(i), 337-A(i) and 34
PPC are all compoundable in nature and injured categorically made composition in
favour of present accused charge under supra sections. Requisite permission in terms of
section 345(2) Cr.P.C keeping in view the volunteer deposition of PWs is hereby granted
and consequential benefit available in section 345(6) Cr.P.C in favour of present accused
persons is hereby extended and all accused Muhammad Amjad son of Bashir Ahmad,
Muhammad Majid son of Bashir Ahmad, Muhammad Waqas son of Bashir Ahmad and
Tahir Hussain son of Shaheen are hereby acquitted from the charges in terms of section
345(6) Cr.P.C. There sureties are hereby relieved from bonds’ liability. Nothing was
recovered from present accused during physical custody hence there is no need for any
order in terms of section 517 Cr.P.C. File be consigned to the record-room after its due
completion.
Today the case was fixed for prosecution evidence in F.I.R no. 167/14 u/s
337-F(v), 337-F(i), 337-A(i) and 34 PPC pertaining to police station Ghaziabad,
Chichwatni in which complainant Maqbool Hassan appeared as PW-1 whereas injured
witness appeared as PW-2 and stated that we have forgiven the accused present in the
court in the name of Allah. They do not want to proceed with the case. They have no
objection if the accused be acquitted. Sections 337-F(v), 337-F(i), 337-A(i) and 34 PPC
are all compoundable in nature and injured categorically made composition in favour of
present accused charge under supra sections. Requisite permission in terms of section
345(2) Cr.P.C keeping in view the volunteer deposition of PWs is hereby granted and
consequential benefit available in section 345(6) Cr.P.C in favour of present accused is
hereby extended and the accused Muhammad Amjad son of Bashir Ahmad is hereby
acquitted from the charges in terms of section 345(6) Cr.P.C. There sureties are hereby
relieved from bonds’ liability. Nothing was recovered from present accused during
physical custody hence there is no need for any order in terms of section 517 Cr.P.C. File
be consigned to the record-room after its due completion.
Dated: 23.11.2016.
Present: Complainant Khizar Hayat through counsel Mr. Ch. Ghulam Dastgeer
Gujar Advocate
Accused Zeehsan P.O
Accused Irfan Aslam on bail present
Learned counsel for the accused Irfan Aslam Mr. Ch. Nadeem Shahzad
Advocate
Mr. Muhammad Kamran learned A.D.P.P for the State.
Babar Nadeem,
23.11.2016. Judicial Magistrate First Class,
Chichawatni.
IN THE COURT OF BABAR NADEEM,
JUDICIAL MAGISTRATE FIRST CLASS,
CHICHAWATNI, SAHIWAL.
1. The petitioner namely Irfan Aslam son of Muhammad Aslam has filed
above captioned application with the version that petitioner/ accused is innocent; that
charge again present accused is groundless and there is no probability of ultimate
conviction of present accused in the present case; that present accuse is innocent and is
facing the agony of trial since last two years; that present accused cannot be convicted
under section 489-F PPC; that present petitioner/ accused is not previously convicted or
record holder, so accused be acquitted in this case.
2. Perusal of record reveals that there are two accused persons in the present case,
one is Zeeshan Aslam and other is present petitioner Irfan Aslam. Zeehsan Aslam has
already been declared proclaimed offender by my predecessor on 04.12.2014. The
allegations against the present petitioner/accused is that he along-with other accused took
loan of 8,92000 rupee from the complainant with a promise to repay on 03.12.2013. On
03.12.2013 present petitioner/ accused along-with other co-accused issued a check
number 3983592 bearing account number U.B.L 0206887876 branch Buraywala Road,
Chichawatni in repayment of the loan. When complainant presented the check in the
bank, same was dishonoured due to insufficient funds. After that, complainant contacted
accused persons for repayment of loan but he refused to pay the same, hence, present
F.I.R under section 489-F of Pakistan Penal Code, 1860.
3. After submission of challan the accused persons were summoned. Accused
Zeeshan Aslam absconded and was declared proclaimed offender on 04.12.2014 whereas
present petitioner/ accused appeared through his counsel and filed an application under
section 249-A of Cr.P.C for this acquittal. Notice was served upon the complainant.
Complainant also appeared before the court through his counsel.
4. Arguments by learned counsel for the petitioner as well as learned ADPP
duly assisted by complainant counsel was heard at a length; record perused.
5. There are two offences with which present petitioner/ accused has been
charged. First one is section 489-F of P.P.C and other is section 506 of P.P.C.
In respect of section 489-F it his stated that bare perusal of the F.I.R manifests that
dishonoured check was issued by both accused persons namely Zeeshan Aslam and Irfan
Aslam whereas copy of check described in the F.I.R transpires that check was issued by
accused Zeeshan Aslam only and it is a settled principle of law that section 489-F is only
applicable against a person issuing a check dishonestly and not against any other person
even handing over the check to the complainant. In this regard reliance may be placed
upon 2014 YLR 2241wherein it was held that:
“The object of the aforementioned penal provision is to
crub the fraudulent or dishonest issuance of cheque and to
punish a person who dishonestly issued the cheque. This
section clearly lays down that whoever dishonestly issues a
cheque towards repayment of a loan or fulfilment of an
obligation is liable to face the consequences on its being
dishonoured. In the absence of mens rea, criminal
proceedings ordinarily cannot proceed. When cheque was
bounced, the prosecution has to establish that who has
issued the cheque and whether such issuance was with
dishonest intention.”
Babar Nadeem,
23.11.2016. Judicial Magistrate First Class,
Chichawatni.
19- Dar-ul-Eman
19.1 Sending Statement
Stated that I had contacted marriage with the respondent five years ago but
the respondent was not agreed for the same. After sometime the relations between the
parties became bad. Now 15 days ago the respondent kicked out me from his house and
also threatened me to kill. The respondent is not ready to keep me in his house. I have
also danger to my life from the respondent. My parents are also against my will. So I
want to go to shelter home for safe custody. I may please be sent to shelter home.
Announced. Babar Nadeem,
04.11.2016. MIC, Chichawatni,
Sahiwal.
Sahiwal.
19.2 Sending Order
Shagufta Bano vs. State.
Aplication for permission to send “Dar-ul-Aman”
The petitioner has filed the instant petition for sending her to Shelter Home,
on the grounds that she has danger to her life from her husband Shahid Imran.
Petitioner heard. Record perused.
The petitioner is major who wants to go to Darul-Aman as her life in
danger. Therefore, for the interest of justice, the petitioner is sent to Shelter Home
(Darul-Aman) till further order under police custody. Incharge Shelter Home be informed
accordingly. File be consigned to the record room after its due compilation.
Stated that I moved the application to be released from the Shelter Home.
But once again I have a threat of life from Mukhtar husband, Javed elder brother of
Mukhtar, Maqbool, Liaqat and my mother Irshad Bibi, so, I want to go back to the
Shelter Home.
Present: Petitioner Tahira Bibi in person under custody of Najma 161/LC along with
Javed Tariq 869/HC
Petitioner has once again requested to send her back to Shelter home on the
round of threat from her relatives.
Petitioner heard. Record perused.
Statement of petitioner/Shaista Bibi has been recorded separately.
Therefore, according to her willingness and for the interest of justice, the petitioner is
allowed to be released from the court room. Let she be released. File be consigned to the
record room after its due compilation.
The petitioner has filed the instant petition for releasing her from Shelter
Home, on the grounds that she wants to be released.
Petitioner heard. Record perused.
The petitioner is major who wants to go to Darul-Aman as her life in
danger. Therefore, once again, for the interest of justice, the petitioner is sent to Shelter
Home (Darul-Aman) till further order under police custody. Incharge Shelter Home be
informed accordingly. File be consigned to the record room after its due compilation.
Dated:10.06.2014.
Present:- Petitioners Khalil-Ur-Rehman son of Manzoor Hussain, Imran son of
Ghulam Hussain alongwith their learned counsel.
Both the petitioners prayed for visitation right to Naheed Akhtar wife of
Muhammad Fayyaz sheltered in Dar-Ul-Aman from 07.06.2014 being close relatives
they request for visitation right. Relationship with Naheed Akhtar wife of Muhammad
Fayyaz not available, however, application in original alongwith instant order is hereby
forwarded to the Incharge Dar-Ul-Aman to look into the matter and be inquired about the
same from Naheed Akhtar wife of Muhammad Fayyaz, if she acknowledges her close
relationship with petitioners and also allows visitation right the same be assented within
Dar-Ul-Aman according to prescribed rules.
Announced. Babar Nadeem,
10.06.2014. Judicial Magistrate First Class,
Chichwatni.
From
Babar Nadeem,
Judicial Magistrate First Class,
Chichawatni.
To
No._______________ Dated._______2016.
It is brought into your kind notice that above titled criminal case was
registered in 2012 in which despite of summoning prosecution witnesses again and again
even through non-bailable warrants of arrest and through SHO concerned police station
but with no positive result. This is an old case in which accused persons are appearing on
each and every date of hearing but with no evidence on the part of the prosecution. Under
the National Judicial Policy, Chief Justices of the August Supreme Court of Pakistan as
well as the Hon’ble Lahore High Court, Lahore, has directed to decide the old cases
without any delay. The instant case is being lingered on and hindrance in the expeditious
disposal of the instant case is being created just for non-production of the prosecution
witnesses. Therefore, you are required to take personal interest in order to lesson the
agony of party and for disposal of the case and assured the presence of prosecution
witnesses on 10.11.2016 positively and no more opportunity and no more opportunity
will be provided for evidence.
Babar Nadeem,
Magistrate First Class,
Chichawatni.
20- Letters
20.1 Letter to D.P.O to produce witnesses
From
Babar Nadeem,
Judicial Magistrate First Class,
Chichawatni.
To
No._______________ Dated._______2016.
Memorandum:
It is brought into your kind notice that above titled criminal case was
registered in 2012 in which despite of summoning prosecution witnesses again and again
even through non-bailable warrants of arrest and through SHO concerned police station
but with no positive result. This is an old case in which accused persons are appearing on
each and every date of hearing but with no evidence on the part of the prosecution. Under
the National Judicial Policy, Chief Justices of the August Supreme Court of Pakistan as
well as the Hon’ble Lahore High Court, Lahore, has directed to decide the old cases
without any delay. The instant case is being lingered on and hindrance in the expeditious
disposal of the instant case is being created just for non-production of the prosecution
witnesses. Therefore, you are required to take personal interest in order to lesson the
agony of party and for disposal of the case and assured the presence of prosecution
witnesses on 10.11.2016 positively and no more opportunity and no more opportunity
will be provided for evidence.
Babar Nadeem,
Magistrate First Class,
Chichawatni.
21- Consignment
21.1 Consign to record-room (Section 512) without recording evidence
O R D E R.
30.10.2013.
Present:- Learned ADPP Muhammad Kamran for the state.
Accused namely ………….still P.O
Accused have been declared as proclaimed offenders. Prosecution
evidence was summoned but despite availing several opportunities and adopting modes
for the attendance of prosecution witnesses, no witness has been produced by
prosecution. Today the case was fixed for prosecution evidence but same is not present.
Record reveals that several opportunities were granted to the prosecution to lead its
evidence but so far prosecution failed to produce its evidence despite the fact that
prosecution witnesses were repeatedly summoned. Case is lingering on without any
proceedings on behalf of prosecution. It would be mere wastage of time and energy of
the court and futile exercise to proceed further with the case and keep the same on cause
list without any proceedings. Attitude of the prosecution shows that it has no interest to
pursue the case being proceeded in absentia against the accused. Available
circumstances shows that presently prosecution is not intended to produce witnesses and
there is no chance of early appearance of PWs, therefore, proceedings of the instant case
are stopped U/s 249 Cr.PC. SHO concerned is directed to gear up on the arrest of the
accused. When the accused shall be arrested in this case, lawful proceedings against them
shall be conducted again. For the time being, instant file be consigned to record room
under Section 512 of Cr.P.C after due completion and compilation.
Dated: 02.01.2016
Present: Accused Asghar Ali and Muhammad Yaqub on bail present
ADPP Muhammad Kamran for the state.
Perusal of record reveals that the case FIR.No.448/2008 offence under sections
506, 452, 380,148,149 was registered against the accused on 03.09.2008 . The accused
were formally charge sheeted on 08.010.2009 which they pleaded not guilty and claimed
trial. Since then the case was fixed for prosecution evidence. Prosecution evidence was
summoned through summons, bailable warrants and non bailable warrants of arrest. Non
bailable warrants of arrest were also issued through SHO concerned for the production of
witnesses but inspite of this prosecution has failed to produce the witnesses. Complainant
and witnesses were not appearing before the court, although their service has been
affected. More than 07opportunities have been given to the prosecution for production of
evidence but prosecution has filed to produce its evidence. The accused are facing mental
agony of trial for 2 years, but in such period prosecution has not produce a single witness.
Meaning thereby prosecution has no interest to conclusion the case. The court has
adopted coercive measures for production of prosecution witnesses. In these
circumstances, if case is further proceeded, therefore is no chance of production of the
evidence by the prosecution, therefore, in the interest of justice and keeping in view the
gravity of offence/nature of case, the accused namely Haji Rafaqat Ali, Liaqat Ali,
Waleed, Adnan and Sadaqat Ali are released under section 249 Cr.P.C. the case filed is
consigned to record room under section 249 Cr.P.C. and accused persons be summoned if
the prosecution produce it complete evidence. Sureties of accused are kept intact. Now
the file be consigned to record room after its due completion.
Announced: (Muhammad Naveed),
03.02.2010. Magistrate Ist Class,
Sahiwal
Dated: 02.01.2016
Present: Accused Asghar Ali and Muhammad Yaqub on bail present
ADPP Muhammad Kamran for the state.
Perusal of record reveals that the case FIR.No. 235/14 under section 452 was
registered against the accused persons on 08.05.2014. Initially on 27.09.2014 cancellation
report was submitted in the court on the ground that F.I.R is false and frivolous and no
offence as narrated in the prosecution story has happened but on 26.01.2015 my
predecessor disagreed the cancellation report and summoned the accused persons to face
the trial. The accused were formally charge sheeted on 27.07.2015 which they pleaded
not guilty and claimed trial. Since then the case was fixed for prosecution evidence no
one appeared before the court. On even date i.e. 02.01.2016, Naib Court, under my
direction, contacted the complainant through cell number 03156895307 mentioned on the
complaint for lodging F.I.R and was asked for non-appearance in the present case, at
which complainant replied that she is not interested in proceeding with the following
case. Meaning thereby prosecution has no interest to conclude the case. In these
circumstances, if case is further proceeded, there is no chance of production of the
evidence by the prosecution, therefore, in the interest of justice and keeping in view the
gravity of offence/nature of case, the accused persons namely Muhammad Asghar and
Muhammad Yaqub are released under section 249 Cr.P.C, the case filed is consigned to
record room under section 249 Cr.P.C. and accused persons be summoned if the
prosecution produce it complete evidence. Sureties of accused are kept intact. Now the
file be consigned to record room after its due completion.
Fresh application to call for record in F.I.R no. 484/14 under sections
506/379 PPC has been filed, let it be registered. Robkar be issued to record keeper,
Chichawatni to produce said record on 20.10.2016.
21.4 Record not produced
Dated: 14.10.2016.
Present:
Petitioner Muhammad Ali in person
Learned Counsel for petitioner Muhammad Ali.
Learned A.D.P.P Mr. Muhammad Kamran
Record has been produced. Let the case be fixed for arguments on the
application for On last date of hearing robkar was issued to record keeper to produce
record in F.I.R no. 484/14 under sections 506/379 PPC. Today report has been submitted
by the record keeper that the particulars mentioned in the robekar are incomplete.
Learned counsel for the petitioner is hereby directed to provide complete particulars.
After receiving complete particulars again Robkar be issued to record keeper,
Chichawatni to produce said record on 20.10.2016.
21.6 Record Produced (Fixing for arguments)
Dated: 14.10.2016.
Present:
Petitioner Muhammad Ali in person
Learned Counsel for petitioner Muhammad Ali.
Learned A.D.P.P Mr. Muhammad Kamran
Record has been produced. Let the case be fixed for arguments on the
application for 20.10.2016.
21.7 Record produced (Dispose of Application)
Arguments heard. Perusal of the record transpires that present file was
consigned to record room on 20.10.2016 after declaring present accused as proclaimed
offender but now accused is before this court along with pre-arrest bail confirmed by the
Learned Arshad ASJ, Chichawatni. So present application is hereby accepted by
admitting the record in F.I.R no. 484/14 under sections 506/379 PPC for regular hearing.
Now further order shall be made in the main file. This application along with other papers
be annexed to main file.
21.8 Record produced (order in main file)
Whole record has been perused from where it transpires that present file
was consigned to record room on 20.10.2016 after declaring present accused as
proclaimed offender but now accused is before this court with the plead that along with
pre-arrest bail order confirmed by the Learned Arshad ASJ, Chichawatni/ accused was
behind the bard so he was declared proclaimed offender. So proclamation proceeding is
hereby set aside and file be admitted for regular hearing by marking accused attendance
on the margin of the order sheet.
Documents required under section 241-A of Code of Criminal Procedure,
1891 have been supplied to the accused. Let the case be fixed for framing of charge for
20.10.2016.
21.9 Consign to record room after recording of evidence
Dated: 24.02.2016.
Allah Baksh alias Bakho son of Shahamend caste Mahchi resident of Chak No. 53/12-L,
Tehsil Chichwatni, District Sahiwal.
Versus
1- Noor
2- Ghafoor
3- Zahoor
sons of Hakim
4- Manzoor son of Besaara
All are Mahchi by caste and residents of Chak No. 53/12-L, Tehsil Chichwatni,
District Sahiwal.
Complainant in person.
Learned Counsel for complainant Mr. Ch. Muhammad Iqbal Kang
Advocate.
JUDGMENT:
The succinct facts of the case narrated in the above mentioned private
agricultural land measuring 06K-0M situated in Chak No. 53/12-L, Chichawatni whereas
accused persons namely Noor, Ghafoor and Zahoor are cultivating the above mentioned
land as tenants; that all accused persons along-with six unknown person, on 20.04.2013,
at 4:00 P.M committed offence of theft by cutting and stealing 20 sheesham trees valuing
Rs. 100000/- from above mentioned land without consent of the complainant; that when
complainant and eye-witnesses namely Tariq and Saddique resisted, all accused persons
gave murderous threat to them, hence, complaint under section 379 and 506 of Pakistan
namely Siddique (Pw-2) and Tariq was examined on oath under section 200 of Code of
Criminal Procedure, 1898, substance of their examination was reduced into writing and
finally, being sufficient ground to proceed, learned trial court took cognizance and issued
process under section 204 of Code of Criminal Procedure, 1898 by summoning all
and 506 of Pakistan Penal Code, 1860 for which they pleaded not guilty and demanded
was produced. In oral evidence complainant himself namely Allah Baksh appeared as
Pw-1 and repeated his stance narrated in the body of the complaint as well as cursory
of writ petition under section 22-A & 22-B of Code of Criminal Procedure, 1898 as
A, certified copy of Register Haqdar Zamin year 2006-2007 pertaining to disputed land
persons u/s 342 Code of Criminal Procedure, 1898 was recorded wherein they denied all
the allegations narrated in prosecution story. According to them, they have been falsely
implicated in this private complaint due to civil litigation pending regarding same
disputed land and between same parties. In defence, accused produced documentary
evidence in the shape of certified copy of suit for declaration & permanent injunction
titled Noor Ahmad vs Province of Punjab as Ex.DA, certified copy of written statement
copy of register Haqdaran Zamin for the year 2010-2011 as Mark-B, certified copy of
writ petition u/s 22-A & 22-B of Code of Criminal Procedure, 1898 as Ex.DD, certified
copy of report of S.H.O Ghaziabad as Ex.DE, certified copy of order passed by learned
Sardar Muhammad Iqbal Dogar ASJ Chichawatni dated 15.07.2013 as Ex.DF, certified
copy of suit for permanent injunction titled Allah Baksh vs Noor Ahmad pending in the
court of learned Shehzad Ali, Civil Judge Class III as Ex.DG, certified copies of interim
orders from 19.08.2016 to 22.10.2016 as Ex.PH, certified copies of interim orders passed
by learned Abdul Jabbar Senior Civil Judge, Sahiwal from 27.04.2013 to 14.10.2016 as
Ex.DJ. Accused persons opted not to appear under section 340(2) of the Code of
witnesses Pw-1 and Pw-2 are fully contradictory with each other as well as to prosecution
story narrated in the complaint as PW-1 stated that stolen property was loaded in a Tarala
where as PW-2 stated that stolen property was loaded in a truck; that in the complaint,
complainant has stated that eye-witness of the occurrence are Tariq and Saddique
whereas in his evidence he deposed that Nadeem and Saddique are the witnesses of the
occurrence; Pw-1 has stated that when I reached at the occurrence accused persons had
cut all the trees and were going away by loading these trees in a tarala whereas Pw-2
stated that when I reached at the occurrence 2 or 3 trees left to be cut, after loading them,
accused persons started the truck. It was also argued by the learned defence counsel that
present accused persons are owner of the suit property under an agreement to sell and a
civil litigation is still pending for specific performance of that agreement to sell because
counsel argued that prosecution has fully proved it case as the time, date and place
narrated in the complaint, cursory evidence and prosecution evidence is the same; that
learned counsel for the defence has not put any suggestion to any prosecution witness that
accused persons have not cut any tree and according to law any fact narrated in the
complainant is the owner of the disputed land and no agreement to sell exists between the
parties; even an agreement to sell does not create any right or title in favour of the
accused persons. At the end it was prayed by the prosecution to convict the accused
persons as the prosecution has proved its case beyond any reasonable doubt.
8. I have heard the arguments and perused the record from where it
transpires that land from where trees have been allegedly stolen are in possession of
accused persons rather than complainant as complainant (Pw-1) has himself stated in his
examination-in-chief that:
“--------------------------------------------------------”
“--------------------------------------------------------”
“--------------------------------------------------------”
stated that:
“--------------------------------------------------------”
From these facts it becomes crystal clear that not only present accused persons are in
possession of the land but ownership of that land is also disputed between the parties.
Documentary evidence (Ex.DA to Ex. DJ) also manifests that ownership as well as
possession of the land from where tress have been stolen is disputed between the parties.
9. Now it is crystal clear from the wording of section 378 that in order
with accused persons and not with the complainant, hence, circumstances of present case
neither fulfil the essential of section 378 nor section 379 of Pakistan Penal Code, 1860 is
10. In respect of what has been stated in above paragraph, guidance may
be taken by principle laid down by superior courts in 1989 P.Cr.L.J 1660 that:
tree has been cut or stolen. Present complaint wherein complainant has alleged that
present accused persons have cut trees of Sheesham was lodged on 07.09.2013. On
19.08.2016, present complainant filed a suit for permanent injunction (Ex.DG) in the
court of learned Usman Ali, Civil Judge Class III wherein it was stated that:
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Even in the prayer clause of the above suit it was prayed that:
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----------------------------------------------------
It makes it clear that no tree was cut by the present accused persons on the alleged time,
12. Another offence with which present accused persons have been
charge is section 506 of the Pakistan Penal Code, 1860. Complainant has alleged in his
complainant as well as evidence that when complainant along-with witnesses resisted the
cutting and stealing of the trees, accused persons gave him murderous threat. As offence
of cutting and stealing the trees under section 379 is not proved by the prosecution, there
is no question of any threat to the complainant. Hence, charge under section 506 is also
disproved.
13. In view of above what has been discussed above, complainant has
failed to prove his version beyond any shadow of doubt against the accused persons,
therefore, the accused persons namely Noor, Ghafoor, Zahoor sons of Hakim and
Manzoor son of Besaara are hereby acquitted under section 245 of Code of Criminal
Code, 1898 in this private complaint. Sureties of the accused persons who is on bail, is
hereby discharged of his bail bond obligations. Case property if any shall remain with its
lawful owner. File be consigned to the record room after its due completion. File be
Announced: 21.11.2016
Babar Nadeem
Magistrate First Class
Chichawatni
It is certified that this judgment consist of 07 pages, each of which has been
dictated, read, corrected and signed by me.
Dated: 21.11.2016.
Babar Nadeem
Magistrate First Class
Chichawatni
23-Bail
Date:- 19.10.2016
Present:- Learned Counsel Mr. Abdul Majeed Advocate on behalf of
petitioner/ accused Muhammad Khalid.
Learned ADPP Muhammad Kamran for the State.
Present bail application is fresh, let it be registered.
Date:- 19.10.2016
Let notice be issued to complainant through S.H.O. A robkar also be
issued in the name of concerned S.H.O to produce record in F.I.R no. 12/15 on
05.12.2016.
Announced. Babar Nadeem,
19.10.2016. Magistrate First Class,
Chichawatni.
Date:- 19.10.2016
Present:- Learned Counsel Mr. Abdul Majeed Advocate on behalf of
petitioner/ accused Muhammad Khalid.
Learned ADPP Muhammad Kamran for the State.
On last date of hearing notice was served upon the complainant/ respondent
but no process has returned. Let show-cause notice be issued to concerned S.H.O for is
reply in that regard. Once again notice be served upon complainant through S.H.O. Naib
court is also directed to trace out cell number of the complainant, if possible, from the
police file and notice the complainant about pendency of the bail application.
Announced. Babar Nadeem,
19.10.2016. Magistrate First Class,
Chichawatni.
On last date of hearing robkar was issued in the name of concerned S.H.O
to produce record in F.I.R no. 12/15 but no such record has been produced. Let show-
cause notice be issued to the S.H.O to submit his reply in that regard. Once again robkar
be issued in the name of S.H.O to produce record in F.I.R no. 12/15 on 20.10.2016.
On last date of hearing concerned S.H.O was directed to serve notice upon
the complainant/ respondent as well as to produce the record in F.I.R no. 12/15 but
neither process has returned nor record has been produced. Let show-cause notice be
issued in the name of concerned S.H.O to submit his reply. Once again notice be served
upon complainant through S.H.O as well as robkar be issued in the name of S.H.O to
produce record in F.I.R no. 12/15 on 20.10.2016.
Date:- 19.10.2016
Present:- Learned Counsel Mr. Abdul Majeed Advocate on behalf of
petitioner/ accused Muhammad Khalid.
Learned ADPP Muhammad Kamran for the State.
Process has returned according to which complainant was duly noticed
about the present bail application but he has not appeared before the court.
Announced. Babar Nadeem,
19.10.2016. Magistrate First Class,
Chichawatni.
Date:- 19.10.2016
Present:- Learned Counsel Mr. Abdul Majeed Advocate on behalf of
petitioner/ accused Muhammad Khalid.
Complainant Muhammad Naeem along-with his counsel Mr.
Muhammad Bashir Advocate.
Date:- 19.10.2016
Present:- Learned Counsel Mr. Abdul Majeed Advocate on behalf of
petitioner/ accused Muhammad Khalid.
Complainant Muhammad Naeem along-with his counsel Mr.
Muhammad Bashir Advocate.
Dated:-18.04.2016.
Present:- Learned ADPP for the State.
Complainant in person.
Since morning till efflux of Court hours, no one from petitioner’s side on repeated Court’s call
appeared to show contest in instant bail petition. Hence, instant petition is hereby dismissed due to want of
prosecution. File be consigned to the record-room after its necessary completion.
Order (Compromise)
O R D E R:
1. That accused persons namely Mr. Muhammad Amjad has/have
with the petition in case FIR No.382/15 for the offence U.S 379,
the extent of bail as well as trail, settlement has been made inter-se
bond by each accused in the sum of Rs.50, 000/- with one local
is directed to retain the instant file and attach with the report
with the petition in case FIR No.382/15 for the offence U.S 379,
7,48000/-.
that cross version about the same case has been registered by the
contradictor to the medical version; that offence does not fall within
3. On the other hand, learned ADPP for the state duly assisted by
learned counsel for the complainant opposed the bail petition and
argued that present accused is nominated in the F.I.R; specific role
has been attributed to him; that recovery has been affected on the
3. Notice was served upon the complainant but he did not appear.
However, learned ADPP for the state opposed the bail petition and
iii. That no recovery has not been affected from the present
accused;
iv. That recovery has not been affected from the possession
granted.
in the FIR.
viii. That the offence U.S 337F(v), 337L(2), 342, 148, 149
PPC does not fall within prohibitory clause and it was held in PLD
previously convicted;
Malik Zakir have identical role of committing the theft from the
pertinent to mention here that it was held in 2014 YLR 2283 that if
the complainant had entered into a compromise with co-accused to
whom a similar role had been attributed, then accused would also
local surety in the like amount to the satisfaction of this court. Above
stated observations are tentative in nature which shall not affect the case
on merit at later stage. Ahlmad is directed to retain the instant file and
attach with the report under Section 173 Cr.P.C. on its submission.
Muhammad Naseeb sons of Hafeez have filed their first post arrest bail
as per certificate annexed with the petition in case FIR No.329/15 for the
that they have caused several injuries to the victim by their respective
weapons.
F.I.R; that no specific role has been attributed to the accused persons;
that the offences with which the present petitioners/ accused persons
lockup and their corpus is no more required by the police for further
and frivolous; that real motive is that an F.I.R no. 06/13 under section
present F.I.R 329 and in counter blast of that present F.I.R has been
lodged.
assisted by the learned counsel for the complainant opposed the bail
petition and argued that present petitioners/ accused persons have been
them; that recovery from the both petitioners/ accused persons have
been effected; that prosecution story narrated in the F.I.R is in line with
fall within in non-prohibitory clause but it does not mean that where an
matter of right. In this regard learned counsel for the complainant relied
delay of 2 days in lodging the F.I.R but the same was explained by the
learned counsel for the complainant as firstly time spent in taking the
victim to the hospital for treatment and in taking care of him and
Specific role has been attributed him of causing injury on the left leg of
the victim with his hatchet and this role has been duly corroborated by
ocular testimony in the form of statements u/s 161 Cr.P.C of the eye-
witness and also by the medical evidence in the shape of MLC. Recovery
in the shape of hatchet has also been effected from the petitioner/
the petitioner that present offence does not fall within prohibitory clause,
this court is fully agreed with the judgment 1997 SCMR 278 produced by
the learned counsel for the respondent/ complainant that mere fact that
offence does not fall within prohibitory clause does not mean the accused
of prompt F.I.R, MLC, statements u/s 161 and recoveries, this court is
stated that no doubt present F.I.R, MLC is prompt one, recovery in the
shape of club (sotta) has also been effected from petitioner/ accused but
still there are certain points which need consideration. Firstly no specific
role has been attributed to him. At the most role of causing joint injury
has been attributed to him which fall under section 337L(2) which is
50000/- with one local surety in the like amount to the satisfaction of
this court. Above stated observations are tentative in nature which shall
not affect the case on merit at later stage. Ahlmad is directed to retain
the instant file and attach with the report under Section 173 Cr.P.C. on
its submission.
Shehzad alias Pervaiz and Muhammad Jameel have filed their first
post arrest bail as per certificate annexed with the petition in case
FIR No.303/14 for the offence U.S 457/ 380 PPC registered at
was given at a length but nothing was recovered from the present
F.I.R; that present accused persons are behind the bar since last
However, learned ADPP for the state opposed the bail on legal as
culprit.
iii. That no recovery has not been affected from the present
accused;
iv. That F.I.R was lodged against unknown persons and after
vi. That the offences U.S 380/ 457 PPC do not fall within
Rs.50,000/- with one local surety in the like amount to the satisfaction
shall not affect the case on merit at later stage. Ahlmad is directed to
retain the instant file and attach with the report under Section 173
FIR No.283/15
U.S 419, 420, 468, 471 PPC.
P.S City, Chichawatni.
O R D E R:
arrest bail as per certificate annexed with the petition in case FIR
No.283/15 for the offence U.S 419, 420, 468, 471 PPC registered at
sale deed on behalf of Abdul Sattar s/o Ali Muhammad regarding his
on the same subject matter is already pending between the parties; that
that the bail to a co-accused having the same role has already been
granted; hence, present bail petition may kindly be accepted and the
3. On the other hand, learned ADPP for the state duly assisted
by learned counsel for the complainant opposed the bail petition and
argued that the petitioner is nominated in the FIR and specific role that
he had prepared a false and factitious sale deed on behalf of real owner
sale deed on 04.06.2006 has been attributed to him. That the offence
u/s 419 falls within prohibitory clause, hence, present bail petition in
fictitious person as real owner of the property and in that way he has
transpires that the allegedly fictitious person Abdul Sattar has been
petitioner/ accused i.e. Umer Hayat Namberdar of the estate and the
other is Dur Muhammad Patti Dar in the estate and post-arrst bail to
already pending between the same parties; that the petitioner/ accused
is not the beneficiary of the forged transaction; Investigation has been
completed; Accused is behind the bar and no more required by the police
petitioner has become that of further inquiry. In such like cases grant is
with one local surety in the like amount to the satisfaction of this court.
post arrest bail as per certificate annexed with the petition in case
FIR No.84/15 for the offence U.S 380, 457, 411 PPC registered at
10. The learned counsel for the accused/ petitioner argues that he is
memos are tempered one; that bail to another co-accused Mr. Malik
consistency.
11. On the other hand, learned ADPP for the state duly assisted by
learned counsel for the complainant opposed the bail petition and
13. The court has to make tentative assessment only while deeper
local surety in the like amount to the satisfaction of this court. Above
stated observations are tentative in nature which shall not affect the case
on merit at later stage. Ahlmad is directed to retain the instant file and
attach with the report under Section 173 Cr.P.C. on its submission.
Announced: (Babar Nadeem),
21.10.2016 Magistrate First Class,
Chichawatni.
FIR No.283/15
U.S 419, 420, 468, 471 PPC.
P.S City, Chichawatni.
O R D E R:
arrest bail as per certificate annexed with the petition in case FIR
No.283/15 for the offence U.S 419, 420, 468, 471 PPC registered at
not attracted in the present case; that matter disputed between the
petitioner/ accused and complainant of the case is of civil nature and not
that of criminal; that the accused is behind the bar since one month,
the police; that rule of consistency is fully applicable in the present case
as bail has already been granted to two co-accused persons; that alleged
attached;
3. On the other hand, learned ADPP for the state duly assisted
by learned counsel for the complainant opposed the bail petition and
argued that the petitioner is nominated in the FIR and specific role has
sale deed; that rule of consistency is not applicable in the present case as
the role of the accused persons to whom bail has been already granted is
dismissed;
length but this court has to make tentative assessment only while deeper
record that main contention between the parties is that whether, being
registered sale deed that the possession has been transferred to the
namely Ghulam Abbas, the relevant part of the allegedly forged registered
On the other hand, after execution of the above mentioned registered sale
deed allegedly forged one, present petitioner/ accused filed a suit for
relief
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deed present petitioner/ accused was not delivered the possession of the
collusive with the fictitious owner of the property namely Abdul Settar in
present case as the role of the accused to whom bail has already been
Above stated observations are tentative in nature which shall not affect
the case on merit at later stage. Ahlmad is directed to retain the instant
file and attach with the report under Section 173 Cr.P.C. on its
submission.
O R D E R:
Caste Khokhar R/O 6/4L, Okara has filed his first post arrest bail
for the offence U.S 379, 411 PPC registered at Police Station
two cattle.
15. The learned counsel for the accused/ petitioner argues that F.I.R
does not fall within prohibitory clause; that planted recovery has
been made; that investigation is completed and corpus is no more
16. Notice was served upon the complainant but he did not appear.
However, learned ADPP for the state opposed the bail petition and
18. The court has to make tentative assessment only while deeper
local surety in the like amount to the satisfaction of this court. Above
stated observations are tentative in nature which shall not affect the case
on merit at later stage. Ahlmad is directed to retain the instant file and
attach with the report under Section 173 Cr.P.C. on its submission.
O R D E R:
Shafi Caste Arain R/O Chak No. 81/5-$ has filed his first post
arrest bail as per certificate annexed with the petition in case FIR
No.382/15 for the offence U.S 379, 411 PPC registered at Police
theft.
20. The learned counsel for the accused/ petitioner argues that F.I.R
offences does not fall within prohibitory clause; that present accuse
concession of bail.
21. Notice was served upon the complainant but he did not appear.
However, learned ADPP for the state opposed the bail petition and
argued that accused is nominated in the F.I.R with specific role;
23. The court has to make tentative assessment only while deeper
local surety in the like amount to the satisfaction of this court. Above
stated observations are tentative in nature which shall not affect the case
on merit at later stage. Ahlmad is directed to retain the instant file and
attach with the report under Section 173 Cr.P.C. on its submission.
FIR No.400/15
U.S 3/4 /4/79 PEHO.
P.S City, Chichawatni.
O R D E R:
first post arrest bail petition as per certificate annexed with this
petition, for his release on bail in criminal case FIR No.400/15 for
the offence U.S 3/4 4/79 PEHO registered at Police Station City,
case. Learned counsel for the petitioner has also further argued
that police has raided illegally at the spot without permission of the
concerned Area Magistrate and the offence does not fall within the
ii. The alleged eye witnesses of occurrence also fully supported the
from the spot. In such like cases the bail cannot be granted as a
matter of right.
kind of illegal business are playing havoc with the health and
iron hands.
the case on merit at later stage. Ahlmad is directed to retain the instant
file and attach with the report under Section 173 Cr.P.C. on its
submission.
FIR No.340/15
U.S 379/411 PPC.
P.S Ghaziabad, Chichawatni.
O R D E R:
post arrest bail in case FIR No.340/15 u/s 379/411 PPC registered
present F.I.R.
a poor person; she is not able to engage a counsel; that she has not
on multiple legal and factual grounds and prayed for its dismissal.
10. The court has to make tentative assessment only while deeper
this stage. It transpires from the bare perusal of the record that
recovery in the above titled case i.e. F.I.R no. 340/13 in the shape
of two buffalo has been effected form the present accused. It is also
no. 330/15 u/s 379, 411 PPC is pending before this court wherein
another recovery in the shape of one buffalos has also been effected
from the present accused. What has been said in the present
which shall not affect the case on merit at later stage. Ahlmad is
directed to retain the instant file and attach with the report under
bail as per certificate annexed with the petition in case FIR No.
445/15 for the offence U.S 382 PPC registered at Police Station
1. The learned counsel for the petitioner/ accused argues that there is
recovery has been effected from the accused; that injured persons
2. On the other hand, learned ADPP for the state duly assisted by
learned counsel for the complainant opposed the bail petition and
25. The court has to make tentative assessment only while deeper
the offence under section 382 of Pakistan Penal Code, 1860. Before
petitioner that section 382 PPC is not applicable in the present case
Now the whole body of the F.I.R is silent about the facts in respects
mentioned in the F.I.R that hurt was caused to the victims but no
MLC is available on the record. At the most present case fall under
section 379 of Pakistan Penal Code, 1860 which does not fall within
offence does not fall within prohibitory clause, grant is a rule and
refusal is an exception. Even the case of the petitioner does not fall
iii. That no recovery has not been affected from the present
accused;
local surety in the like amount to the satisfaction of this court. Above
stated observations are tentative in nature which shall not affect the case
on merit at later stage. Ahlmad is directed to retain the instant file and
attach with the report under Section 173 Cr.P.C. on its submission.
delayed F.I.R; that accused is behind the bar since last 3 months;
3. On the other hand, learned ADPP for the state duly assisted by
learned counsel for the complainant opposed the bail petition and
has been attributed to him; that recovery has been affected on the
this stage. No doubt that MLC is prompt one; delay of 2/3 days in
attributed to him and recovery has also been affected from him but
still there are certain points which need consideration. First one is
one on the left arm and other on the left side of the neck. Now to
the extent of injury on the left arm, prosecution story and ocular
according to MLC no injury has been caused on the left arm of the
even all other offences do not fall within prohibitory clause and it
offence does not fall within prohibitory clause grant is a rule and
been completed and accused is behind the bar since last 3 months
local surety in the like amount to the satisfaction of this court. Above
stated observations are tentative in nature which shall not affect the case
on merit at later stage. Ahlmad is directed to retain the instant file and
attach with the report under Section 173 Cr.P.C. on its submission.
Sheikh, resident of Chak No. 8/11-L, Chichawatni has filed his first
post arrest bail as per certificate annexed with the petition in case
FIR No.329/15 for the offence U.S 337F(iv), 337L(2) PPC registered
2. The learned counsel for the petitioner/ accused argued that there
has been completed, accused has been sent to judicial lock-up and
3. On the other hand, learned ADPP for the state duly assisted by
learned counsel for the complainant opposed the bail petition and
has been attributed to him; that MLC is prompt one; that offences
have been committed in furtherance of common intention of
the accused.
there is no iota of doubt about the fact that MLC is prompt one,
there are certain points which need consideration. First one is that
bail stage and without recording evidence, hence, present case is fit
police for further investigation and lastly the offences U.S 337F(iv),
held in PLD 1995 SC 34 that where an offence does not fall within
local surety in the like amount to the satisfaction of this court. Above
stated observations are tentative in nature which shall not affect the case
on merit at later stage. Ahlmad is directed to retain the instant file and
attach with the report under Section 173 Cr.P.C. on its submission.
1. That accused namely Mr. Muhammad Ramzan has filed his first
post arrest bail as per certificate annexed with the petition in case
FIR No.249/15 for the offence U.S 381-A, 411 PPC registered at
the recovery memo; that offence does not fall within in prohibitory
lock-up and no more required for any other purpose. At the end
learned counsel for the petitioner also relied upon 2009 YLR 106,
2011 MLD 865, 2012 MLD 1971 wherein post arrest bail in an
F.I.R under section 381-A, 411 PPC was granted to the accused.
3. Notice was served upon the complainant but he did not appear.
However, learned ADPP for the state opposed the bail petition and
argued that recovery in the form of motor bike has been affected
27. The court has to make tentative assessment only while deeper
conducted.
iv. Investigation has been completed; accused is behind the
v. That the offence U.S 381-A, 411 PPC does not fall within
local surety in the like amount to the satisfaction of this court. Above
stated observations are tentative in nature which shall not affect the case
on merit at later stage. Ahlmad is directed to retain the instant file and
attach with the report under Section 173 Cr.P.C. on its submission.
has filed his first post arrest bail as per certificate annexed with the
petition in case FIR No.366/15 for the offence U.S 337A(i), 337F(i),
337L(2), 337H(2), 354, 452, 148, 149 PPC registered at Police Station
woman.
argued that except section 452 PPC, all offences with which present
recovery has been effected from the present petitioner/ accused; that
taken.
complainant counsel opposed the bail petition and argued that present
accused is nominated in the F.I.R; specific role has been attributed to
him; that offence under section 452 PPC is not only an offence but also
accused is of 23 years age; that F.I.R is prompt one; that another F.I.R
number 407 under section 392/397 has been lodged again other co-
that MLC as well as F.I.R is prompt one, accused has been specifically
nominated in the F.I.R but there are certain points which need
the most he has been attributed with the role of joint injury and it is
matter of further inquiry that what injury out of various injuries have
offences except offence under section 454 are bailable in nature and it is
offence 452 PPC though non-bailable but the same does not fall within
offence does not fall within prohibitory clause grant is a rule and refusal
is an exception. Even the case of present petitioner does not fall within
was granted yet nothing was recovered from the present petitioner/
accused. Investigation has been completed; accused is behind the bar
local surety in the like amount to the satisfaction of this court. Above
stated observations are tentative in nature which shall not affect the case
on merit at later stage. Ahlmad is directed to retain the instant file and
attach with the report under Section 173 Cr.P.C. on its submission.
FIR No.16/16
U.S 458 PPC.
P.S City, Chichawatni.
O R D E R:
Chichawatni has moved his first post arrest bail petition as per certificate
annexed with this petition, for his release on bail in criminal case FIR
No.16/16 for the offence U.S 458 PPC registered at Police Station City,
Section 458 does not attract the present case, at the most present case
fall under section 447 PPC for which punishment is just 3 months; that
No recovery has been effected from the present petitioner; that present
counsel for the complainant opposed the instant bail application on the
in the F.I.R; that specific role has been attributed to him; that
case; that present offence under section 458 fall within prohibitory
grant bail; that petitioner has been declared guilty by the police; that
recovery in the form of pistol has been recovered from the petitioner/
accused; that section 458 PPC is fully applicable in the present case.
been attributed to him; recovery in the form of pistol has also been
effected from the petitioner; that offence under section 458 PPC is
the said section is upto 14 years. I also rely upon 2006 YLR 3005 and
2007 YLR 901 where the superior court also refused the bail the like
circumstances.
Resultantly, accused is not entitled to any discretionary relief
Above stated observations are tentative in nature which shall not affect
the case on merit at later stage. Ahlmad is directed to retain the instant
file and attach with the report under Section 173 Cr.P.C. on its
submission.
FIR No.16/16
U.S 458 PPC.
P.S City, Chichawatni.
O R D E R:
son of Adnan Arshad Caste Arain resident of Street No. 04, Block no. 03,
Chichawatni, Sahiwal has moved his first post arrest bail petition as per
certificate annexed with this petition, for his release on bail in criminal
case FIR No.16/16 for the offence U.S 458 PPC registered at Police
Station City, Chichawatni with the allegations that he committed lurking
has been conducted; that no recovery has been effected from the present
counsel for the complainant opposed the instant bail application on the
ground that F.I.R is prompt one; that specific role has been attributed to
the present case; that present offence under section 458 fall within
early stage to grant bail; that petitioner has been declared guilty by the
police; that recovery in the form of pistol has been recovered from the
present case.
one; recovery in the form of pistol has been effected from the present
petitioner; that present offence under section 458 fall under prohibitory
clause but still there are certain points which need consideration. First
one is that present petitioner/ accused is not nominated in the F.I.R. He
statement about the source from where he came to know about the
with one local surety in the like amount to the satisfaction of this court.
Above stated observations are tentative in nature which shall not affect
the case on merit at later stage. Ahlmad is directed to retain the instant
file and attach with the report under Section 173 Cr.P.C. on its
submission.
O R D E R:
Mamind has moved his first post arrest bail petitions as per certificates
annexed with the petitions, for his release on bail in criminal case FIR
No.02/15, 69/15, 80/15, 105/15, 111/15/ 117/15 and 284/15 for the
offence U.S 381-A PPC registered at Police Station City, Chichawatni with
the allegations that he committed the offence of theft under section 381-
A PPC.
all the said F.I.Rs are delayed one. In All the F.I.Rs petitioner
Muhammad Ameer has been nominated through supplementary
recovery in the form of tire has been effected from the petitioner; that
when the F.I.R 284/15 was lodged, the petitioner/ accused was behind
the bar; that in F.I.R 02/15 complainant has appeared before the court
and recorded his statement that present petitioner is not his culprit,
the above mentioned F.I.Rs but no one appeared before the court.
02/ 15 under section 381-A. In this F.I.R, learned counsel for the
stated that though recovery in the form of Motor Bike has been effected
from the petitioner and same has been taken on superdari by the
petitioner is not his culprit, so, bail in the F.I.R no. 02/15 is hereby
under section 381-A. In this regard learned counsel for the petitioner/
bail order in F.I.R 87/15, police station Sahoka Burewala from where it
transpires that when the occurrence narrated in F.I.R no. 284/ 15 took
place, petitioner/ accused was behind the bar. Hence present petitioner
and no identification parade has been conducted yet there are certain
under:
most of the above cases recovery has been effected from the present
petitioner as section 411 has been added in most cases. Tough record in
the all above said cases registered in different police stations could not
be produced before this court, but from the police record present before
the court, it transpires that in the following cases recovery in the form of
motor bike has been effected from the said accused person:
this principle has been laid down in landmark judgment PLD 1995 SC 34
that where an offence does not fall within prohibitory clause grant is a
rule and refusal is an exception and one of the exceptions for refusal of
bail stated in that judgment is apprehension of repetition of offence. It is
counsel for the petitioner/ accused that on the facts and circumstances
of the F.I.R no. 02/15 and 284/15, petitioner/ accused is also entitled
for bail in all other cases is without force as it cannot be said that all the
above mentioned cases are false and frivolous and have been registered
only because of mala fide of the police especially when these cases under
of Motor Bike has also been effected in most of the said cases.
sum of Rs. 50000/- with one local surety in the like amount to the
satisfaction of the court in each case and bail petitions in F.I.R no.
69/15, 80/15, 105/15, 111/15/ 117/15 being without merit are hereby
which shall not affect the cases on merit at later stage. Ahlmad is
directed to retain the instant file and attach with the report under
10:30 A.M
File has been put up again. The accused appeared before the court. Once
again, he requested for recording his confessional statement. His
decision is final and wants to confess. In view of above, I am not left with
any option except to record the statement of accused. Let the statement
be recorded as I am satisfied that statement is without any pressure and
voluntarily.
STATEMENT OF ACCUSED SARFRAZ SON OF HASHIM, KITCHI BY
CASTE R/O CAHK BASHERA WITHOUT OATH.
CERTIFICATE
Presence as before:-
After recording confessional statement of accused, show
cause notice is given to accused to the effect that why he may not be
convicted.
Q. No.1 You accused Sarfraz has confessed the offence before me. You
are therefore, called upon the show cause as to why you may not be
convicted.
Ans: I am poor person, I shall not repeat the offence again, be pity on
me, I place him at the mercy of this court.
Raheela Omer,
Announced: Magistrate Section-30,
08.04.2016. Sahiwal.
Presence as before:-
JUDGMENT
08.04.2016
Brief facts of the case are that case FIR No.72/2014 was
registered u/a 13 of Arms Ordinance, 1965 at P.S Bahadur Shah,
Sahiwal. After investigation the challan was submitted in the court.
Formal charge u/a 13 of Arms Ordinance, 1965 was framed against the
accused in which he pleaded guilty and opted to make confessional
statement. He was granted an opportunity to think over his confessional
statement. An ample time was given to him. The accused re-appeared in
the court and made the same statement in court. Hence, the statement
of accused was recorded separately.
2. In light of confessional statement of the accused recorded and
in reply to show cause u/a 13 of Arms Ordinance, 1965, the accused is
convicted for the offence u/a 13 of Arms Ordinance, 1965. Accused is
first offender and sole earning member of his family and he has also
assured that he shall not repeat the crime again. He is sentenced up till
rising of the court time and fine Rs.1000/-. In case of default of payment
of fine Rs.1000/-, the convict shall undergo simple imprisonment for one
month. Accused be taken into custody and released if paid fine after
court hours otherwise sent to jail to serve out the sentence. Case
property be disposed of in accordance with law after the period of appeal
or revision, if any. File is consigned to record room after its necessary
completion.
Announced.
08.04.2016 (Raheela Omer)
Judicial Magistrate Section-30,
Sahiwal.
Certified that this judgment consists upon two pages, each of
which has been dictated, read over, corrected and signed by me.
Dated.08.04.2016 (Raheela Omer)
Judicial Magistrate Section-30, Sahiwal.
IN THE COURT OF RAHEELA OMER, JUDICIAL MAGISTRATE SECTION-
30, SAHIWAL.
CHARGE SHEET
And I hereby direct you the above named accused that you be tried
in this Court on the said charge.
Dated: 08.04.2016.
Raheela Omer,
Magistrate Section-30,
Sahiwal.
Certified that the charge has been read over and explained to
the accused in the language of accused to which accused pleaded guilty
and opted to make confession. The accused was given time to think
about his decision regarding confession and after lapse of ample time he
again insisted the court to get record his confessional statement. Let
confessional statement of accused be recorded.
Dated: 08.04.2016
Magistrate Section-30,
Sahiwal.
Ans. Yes.
Ans. Yes.
RO & AC
Dated: 08.04.2016:
Raheela Omer,
Magistrate Section-30,
Sahiwal.
Surety since long in instant complaint under section 514 Cr.P.C been
remained unattended. His perpetual non-bailable warrants of arrest are hereby issued via
SHO P/S concerned. Till his arrest instant proceedings is hereby stopped and instant file
is hereby consigned to the record-room as dormant file till arrest of the surety and till
receipt of report of attachment earlier issued.
The petitioner has moved instant application for registration of rend deed
dated date of agreement with the respondent. Separate Statements of both the parties have
also been recorded. Instant application, rent agreement, separate statements of the parties
and documents produced by the parties in their favour have perused from where it
transpires that petitioner/ respondent is owner of the property detail of the property. In
this regard he/she has produced Mark-A as proof of his/her ownership. The rent
agreement is for tenure of the agreement commencing from date of starting of agreement
to date of ending agreement. The possession has also been handed over to the respondent/
petitioner/ tenant. Both the parties are unanimous for the registration of rent agreement.
Hence the application is allowed and the said rent deed be registered in accordance with
law subject to provisions of Section 5(4) of the PRPA 2009. Original registered
agreement has been handed over to the respondent/ petitioner/ tenant. One attested copy
has been handed over to the petitioner/ respondent /landlord and other copy has been
retained in the record. File be consigned to the record room after its due completion.
________________________________Versus___________________________
(Registration of Rend Deed)
Stated that I have been by the authorized by the tenant namely ……………
to give statement on his/her behalf regarding registration of present agreement. My power
of attorney is Mark-B. The petitioner/ respondent is the owner of detail of property. I
have entered into a rent agreement Mark-R with the petitioner/ respondent/ landlord in
respect of the same property. The rent agreement dated …………..is for tenure of
tenancy. Monthly rent agreed upon is Rs………….per month. I shall be bound to abide
by all the terms and conditions incorporated in the lease agreement and I have no
objection if the same be registered.
________________________________Versus___________________________
(Registration of Rend Deed)
Stated that I am the owner of detail of property. I have entered into a rent
agreement Mark-R with the petitioner/ respondent/ landlord in respect of the same
property. The rent agreement dated …………..is for tenure of tenancy. Monthly rent
agreed upon is Rs………….per month. I shall be bound to abide by all the terms and
conditions incorporated in the lease agreement and I have no objection if the same be
registered.
The (detail of the petitioner as given above) has filed this application for
registration of rent agreement dated ___________.
Mr. Shahzad Amin Advocate is hereby appointed as local commission for recording of
statement. Mohammad Nawaz appeared as AW-1 and recorded his statement that he
entered into an agreement of rent dated 01.07.2011 and he submitted the same as Exh:A-
2, whereas he submitted the original sale deed as Exh:A-1. The respondent appeared as
RW-1 and recorded his statement that he entered into an agreement of rent and he is
bound by terms and conditions of the tenancy agreement. So, the petition is hereby
accepted and the said rent deed be registered in accordance with law subject to provisions
of Section 5(4) of the PRPA 2009. One copy of registered rent agreement be handed over
to the respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
Announced Rana Khalid Mehmood Khan
04.07.2011. Special Judge Rent,
Lahore.
Present: Counsel for the petitioner.
Petitioner and respondent in person.
ORDER:
The petitioner has filed this application for registration of tenancy
agreement. Mr. Shahzad Amin Advocate is hereby appointed as local commission for
recording of statements of the parties. Mian Tariq Munir appeared as AW-1 and recorded
his statement that he entered into tenancy agreement dated 29.06.2011 and he submitted
the same as Exh:P-2, whereas he submitted the record of right as Exh:P-2. The
respondent appeared as RW-1 and recorded his statement that he entered into tenancy
agreement and he is bound by terms and conditions of the tenancy agreement. So, the
petition is hereby accepted and the said rent deed be registered in accordance with law
subject to provisions of Section 5(4) of the PRPA 2009. One copy of registered rent
agreement be handed over to the respondent/tenant. Original rent agreement be returned
to the petitioner after its registration and copy of the same be retained in the record. File
be consigned to the record room after its due completion.
Announced Rana Khalid Mehmood Khan
06.07.2011. Special Judge Rent,
Lahore.
Present: Counsel for the petitioner.
Petitioner and respondent in person.
ORDER:
Petitioner and respondent intended to record the statements. Mr. Asghar
Abbas Advocate is hereby appointed as local commission for recording of statements of
the parties. Mohammad Yousaf appeared as AW-1 and recorded his statement that he
entered into an agreement of rent dated 02.06.2011 for a period of one year, rent
agreement is submitted as Exh: P-1, general power of attorney as Exh: P-2 and original
sale deed as Exh: P-3, whereas, respondent Mohammad Ashraf appeared as RW-1 and
recorded his statement that he obtained the shop/demised property on rent and paid
Rs.1/lakh as security and conceded the contents of the rent agreement. So, in the light of
the statements and documents tendered by the parties, the petition is hereby accepted and
the said rent deed be registered in accordance with law subject to provisions of Section
5(4) of the PRPA 2009. One copy of registered rent agreement be handed over to the
respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
Announced Rana Khalid Mahmood Khan
06.07.2011. Special Judge Rent,
Lahore.
Present: Counsel for the petitioner.
ORDER:
Learned counsel for the petitioner in his statement submitted the copy of
Registered Haqdaran Zameen as Exh:P-2.
2 I have heard the arguments and perused the record.
3. In the light of the statements of the parties and the documents has been
submitted as Exh:P-1 and Exh:P-2, the petition is hereby accepted and the said rent deed
be registered in accordance with law subject to provisions of Section 5(4) of the PRPA
2009. One copy of registered rent agreement be handed over to the respondent/tenant.
Original rent agreement be returned to the petitioner after its registration and copy of the
same be retained in the record. File be consigned to the record room after its due
completion.
Announced Rana Khalid Mehmood Khan
12.07.2011. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
Petitioner and respondent in person.
2 Mst. Zaib-un-Nisa appeared as AW-2 and recorded her statement that she
entered into a tenancy agreement with the respondent and submitted rent deed as Mar-A,
copy of sale deed as Mark-B. Respondent Ch. Naeem Ahmad appeared and recorded his
statement as AW-1 and stated that he entered into a rent agreement with the petitioner
dated 05.07.2011 and he admitted the contents of rent agreement.
3 I have heard the arguments and perused the record.
4. In the light of the statements of the petitioner and respondent and the
documents available on record. This petition is hereby accepted and the said rent deed be
registered in accordance with law subject to provisions of Section 5(4) of the PRPA
2009. One copy of registered rent agreement be handed over to the respondent/tenant.
Original rent agreement be returned to the petitioner after its registration and copy of the
same be retained in the record. File be consigned to the record room after its due
completion.
Announced Rana Khalid Mehmood Khan
19.07.2011. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
2 Mst. Aaqida Begum appeared as AW-1 and recorded her statement that she
entered into a tenancy agreement with the respondent and submitted rent agreement as
Exh:A-1, proof of possession as Exh:A-2. Respondent Ahmad Kamran appeared and
recorded his statement as RW-2 and stated that he entered into a rent agreement with the
petitioner and he admitted the contents of rent agreement.
3 I have heard the arguments and perused the record.
4. In the light of the statements of the petitioner and respondent and the
documents available on record. This petition is hereby accepted and the said rent deed be
registered in accordance with law subject to provisions of Section 5(4) of the PRPA
2009. One copy of registered rent agreement be handed over to the respondent/tenant.
Original rent agreement be returned to the petitioner after its registration and copy of the
same be retained in the record. File be consigned to the record room after its due
completion.
Announced Rana Khalid Mehmood Khan
19.07.2011. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
Petitioner has filed this application for early hearing of the case which is
fixed for 27.07.2011 with the contention that parties are present to day in the court and
the case may be fixed for today for recording of statements.
2 Arguments heard. Record perused.
3 The reason stated by the learned counsel for the petitioner is cogent one and
only statements are to be recorded by the parties. So, application is hereby accepted and
the case is fixed for today i.e. 19.07.2011.
Announced Rana Khalid Mehmood Khan
19.07.2011. Special Judge Rent, Lahore.
Present: Counsel for the parties.
Petitioner and respondent.
06.01.2012.
ORDER:
Learned counsel for the petitioner in his separate statement has submitted
photo copy of sale deed as Ex:A-2(original returned after seen). Statement of parties has
already been recorded. Both the parties are unanimous for the registration of rent
agreement. Hence the application is allowed and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. File be consigned to the record room after its due completion.
Announced Rana Khalid Mehmood Khan
06.01.2012. Special Judge Rent/Rent Registrar, Lahore.
06.01.2012.
Present: Counsel for the petitioner.
Petitioner in person.
Respondent exparte.
ORDER:
The petitioner has filed this application for registration of rent agreement.
Abdul Hameed Sheikh appeared as AW-1 and recorded his statement that he entered into
an agreement of rent dated 10.02.2010 and he submitted the same as Exh:A-1, whereas
he submitted photo copy of sale deed as Mark-A, whereas, the respondent was proceeded
exparte. So, the petition is hereby accepted and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. File be consigned to the record room after its due completion.
Announced Rana Khalid Mehmood Khan
06.01.2012. Special Judge Rent/Rent Registrar,
Lahore.
30.01.2012.
Present: Counsel for the petitioner.
ORDER:
The petitioner has filed this application for registration of rent agreement.
Imrana Maqsood appeared as AW-1 and recorded her statement that she entered into rent
agreement and she submitted the same as Exh:A-1, whereas she submitted photo copy of
ownership letter issued by LDA (original returned after seen). Mohammad Faisal-ur-
Rehman appeared as RW-1, he recorded his statement submitted that he entered into an
agreement of rent and he is bound by terms and conditions of the tenancy agreement. So,
the petition is hereby accepted and the said rent deed be registered in accordance with
law subject to provisions of Section 5(4) of the PRPA 2009. One copy of registered rent
agreement be handed over to the respondent/tenant. Original rent agreement be returned
to the petitioner after its registration and copy of the same be retained in the record. File
be consigned to the record room after its due completion.
Announced Rana Khalid Mehmood Khan
30.01.2012. Special Judge Rent/Rent Registrar,
Lahore.
10.12.2012:
Present: Counsel for the petitioner.
ORDER:
The petitioner has produced photo copies of sale deeds (original seen and
returned). The statements of parties have already been recorded. Both the parties are
unanimous for the registration of rent agreement. Hence the application is allowed and
the said rent deed be registered in accordance with law subject to provisions of Section
5(4) of the PRPA 2009. One copy of registered rent agreement be handed over to the
respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
ORDER:
The petitioner has filed this application for registration of rent agreement.
Nusrat Majeed appeared as AW-1 and recorded her statement that she entered into rent
agreement and she submitted the same as Exh:A-1, whereas, she submitted photo copy of
gift deed (original returned after seen). Riaz Shahzad appeared as RW-1 and Mohammad
Yaqoob appeared as RW-2, they recorded their statement separately that they entered into
an agreement of rent and they are bound by terms and conditions of the tenancy
agreement. So, the petition is hereby accepted and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. File be consigned to the record room after its due completion.
Announced Rana Khalid Mehmood Khan
02.04.2012. Special Judge Rent/Rent Registrar,
Lahore.
15.03.2012.
Present: Counsel for the petitioner.
Respondent in person.
ORDER:
The petitioner has filed this application for registration of rent agreement.
Majid Javed appeared as RW-1, recorded his statement that he entered into an agreement
of rent and he is bound by terms and conditions of the tenancy agreement. Whereas,
learned counsel for the petitioner has submitted photo copy of sale deed as Mark-A. So,
the petition is hereby accepted and the said rent deed be registered in accordance with
law subject to provisions of Section 5(4) of the PRPA 2009. One copy of registered rent
agreement be handed over to the respondent/tenant. Original rent agreement be returned
to the petitioner after its registration and copy of the same be retained in the record. File
be consigned to the record room after its due completion.
Announced Rana Khalid Mehmood Khan
15.03.2012. Special Judge Rent/Rent Registrar,
Lahore.
15.12.2012.
Present: Counsels for the petitioner.
Parties in person.
ORDER:
The petitioner has filed this application for registration of rent agreement.
Mohammad Ashraf through special power of attorney appeared as AW-1 and recorded
his statement that he entered into rent agreement and he submitted the same as Ex:A-1,
whereas, he submitted photocopy of sale deed and copy of special power of attorney
(original seen and returned). Syed Laeq Shah appeared as RW-1 and recorded his
statement that he entered into an agreement of rent and he is bound by terms and
conditions of the tenancy agreement. So, the petition is hereby accepted and the said rent
deed be registered in accordance with law subject to provisions of Section 5(4) of the
PRPA 2009. One copy of registered rent agreement be handed over to the
respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
Announced Rana Khalid Mehmood Khan
15.12.2012. Special Judge Rent/Rent Registrar, Lahore.
14.07.2012.
Present: Counsel for the petitioner.
Parties in person.
ORDER:
The petitioner has filed this application for registration of rent agreement.
Mohammad Shahzad through special power of attorney appeared as AW-1 and recorded
his statement that he entered into rent agreement and he submitted the same as Ex:A-2,
original special power of attorney as Ex:A-1. Whereas, he submitted possession letter
(original seen and returned). Mian Shahbaz Hanif appeared as RW-1 and recorded his
statement that he entered into a rent agreement and he admitted the contents of rent
agreement. So, the petition is hereby accepted and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. File be consigned to the record room after its due completion.
Announced Rana Khalid Mehmood Khan
14.07.2012. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the applicants.
Today, case was fixed for production of title document, whereas, applicants
have produced copy of PT-1 form as well as copy of PT-10 form, receipts of payment of
tax paid on 27th July 2010 and 21st July 2011. All the documents are in favour of father of
the applicants. The respondent admitted the execution of rent agreement and he has no
objection on the registration of the same, resultantly, the petition is hereby accepted and
the said rent deed be registered in accordance with law subject to provisions of Section
5(4) of the PRPA 2009. One copy of registered rent agreement be handed over to the
respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
The petitioner has filed this application for registration of rent agreement.
Ghulam Haider appeared as AW-1 and recorded his statement that he entered into rent
agreement and he submitted the same as Ex:A-1, whereas, he submitted photo copy of
sale deed, the same is regarding agricultural land (original seen and returned). In this
regard, petitioner has filed an affidavit that at the time of sale deed, property was an
agricultural land and now the same is residential, on which they have constructed ten
rooms and now the property is not an agricultural land. Ghulam Farid appeared as RW-1
and recorded his statement that he entered into an agreement of rent and he is bound by
terms and conditions of the tenancy agreement. So, the petition is hereby accepted and
the said rent deed be registered in accordance with law subject to provisions of Section
5(4) of the PRPA 2009. One copy of registered rent agreement be handed over to the
respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
Announced Rana Khalid Mehmood Khan
04.07.2012. Special Judge Rent/Rent Registrar, Lahore.
11.07.2012.
Present: Counsel for the applicant.
Parties in person.
ORDER:
Statements of both the parties are recorded separately. Sheikh Nauman
Hafeez appeared and submitted rent agreement as Ex.A1 and also produced sale deed in
his favour (original seen and returned), copy retained. Nadeem Ahmad Khan appeared
and recorded his statement. Regarding property the petitioner has filed an affidavit that
sale deed producing regarding the same property is known as Hafeez Chamber. Both the
parties are unanimous for the registration of rent agreement. So, the petition is hereby
accepted and the said rent deed be registered in accordance with law subject to provisions
of Section 5(4) of the PRPA 2009. One copy of registered rent agreement be handed over
to the respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
Announced Rana Khalid Mehmood Khan
11.07.2012. Special Judge Rent/Rent Registrar, Lahore.
Present: Counsel for the petitioner.
Petitioner in person.
Respondent exparte.
ORDER:
The petitioner has filed this application for registration of rent agreement.
Fahad Tauheed Baig as AW-1 and recorded his statement that he entered into an
agreement of rent and he submitted the same as Exh:A-1, whereas he submitted photo
copy of sale deed(original seen and returned). On the other hand, no one turned up on
behalf of respondent and matter was proceeded exparte against him. So, the petition is
hereby accepted and the said rent deed be registered in accordance with law subject to
provisions of Section 5(4) of the PRPA 2009. One copy of registered rent agreement be
handed over to the respondent/tenant. Original rent agreement be returned to the
petitioner after its registration and copy of the same be retained in the record. File be
consigned to the record room after its due completion.
Announced Rana Khalid Mehmood Khan
13.07.2012. Special Judge Rent/Rent Registrar,
Lahore.
16.10.2012.
Present: Counsel for the applicant.
Parties in person.
Petitioner intended to record his statement. Let his statement be recorded.
Mohammad Naeem Sheikh appeared through special attorney and recorded his statement
that he entered into a tenancy agreement with the respondent and he submitted the same
as Ex:A-1, whereas he submitted copy of special attorney sale deed (original seen and
returned). Akhtar Mohammad appeared and recorded his statement that he entered into
rent agreement and he is bound by the terms and conditions of the rent agreement. Both
the parties are unanimous for the registration of rent agreement. Hence the application is
allowed and the said rent deed be registered in accordance with law subject to provisions
of Section 5(4) of the PRPA 2009. One copy of registered rent agreement be handed over
to the respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
Announced Rana Khalid Mehmood Khan
16.10.2012. Special Judge Rent/Rent Registrar,
Lahore.
08.12.2012.
Present: Counsel for the applicant.
Parties in person.
ORDER:
The petitioner has filed this application for registration of rent agreement.
Malik Mohammad appeared through general power of attorney and recorded his
statement that he entered into an agreement and he submitted the same as Ex:A-1,
whereas, he submitted copy of general power of attorney as well as possession letter
(original seen and returned). Ashfaq Shahid Gondal appeared and recorded his statement
that he entered into an agreement of rent and he is bound by terms and conditions of the
tenancy agreement. Hence the application is allowed and the said rent deed be registered
in accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy
of registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. File be consigned to the record room after its due completion.
Announced Rana Khalid Mehmood Khan
08.12.2012. Special Judge Rent/Rent Registrar,
Lahore.
LDA etc vs. M/S Sadiq Brothers
ORDER:
Learned counsel for the petitioner has produced photo copy of sale deed
(original seen and returned). Statements of parties have already been recorded. Both the
parties are unanimous for the registration of rent agreement. Hence the application is
allowed and the said rent deed be registered in accordance with law subject to provisions
of Section 5(4) of the PRPA 2009. One copy of registered rent agreement be handed over
to the respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
ORDER:
Report of local commission has been submitted. Begum Nahida Almas Ali
got recorded her statement through local commission that she is owner of the property
and she has entered into lease agreement and she submitted the same as Ex:P-1, whereas,
she submitted photo copy of gift deed as well as photo copy of PT-I. Statement of
respondent has already been recorded. Both the parties are unanimous for the registration
of rent agreement. So, the petition is hereby accepted and the said rent deed be registered
in accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy
of registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. File be consigned to the record room after its due completion.
Announced Farooq Ahmed
06.04.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
ORDER:
Learned counsel for the petitioner has produced copy of sale deed.
Statements of parties have already been recorded. Both the parties are unanimous for the
registration of rent agreement. Hence the application is allowed and the said rent deed be
registered in accordance with law subject to provisions of Section 5(4) of the PRPA
2009. One copy of registered rent agreement be handed over to the respondent/tenant.
Original rent agreement be returned to the petitioner after its registration and copy of the
same be retained in the record. File be consigned to the record room after its due
completion.
Announced Farooq Ahmed
01.06.2013. Special Judge Rent/Rent Registrar,
Lahore.
08.05.2013.
Present: Counsel for the petitioner.
Parties in person.
ORDER:
Petitioner has filed this application for registration of rent agreement.
Mohammad Aurangzaib Subhani appeared and recorded his statement that he is owner
and he has entered into rent agreement and he submitted the same as Ex:A-1. Whereas,
he submitted copy of Hiba-Nama/gift deed (original seen and returned). Ejaz Ahmed
Sheikh and Fakhar Ayyaz-ul-Hassan appeared through authority letter, recorded his
statement and stated that he entered into a rent agreement with the petitioner and he
admitted the contents of rent agreement. Hence the application is allowed and the said
rent deed be registered in accordance with law subject to provisions of Section 5(4) of the
PRPA 2009. One copy of registered rent agreement be handed over to the
respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
Announced Farooq Ahmed
02.05.2013. Special Judge Rent/Rent Registrar,
Lahore.
11.06.2013.
Present: Counsel for the petitioner.
Parties in person.
ORDER:
Petitioner has filed this application for registration of rent agreement.
Imrana Maqsood appeared and recorded her statement that she is landlord and she has
entered into rent agreement and she submitted the same as Ex:A-1. Whereas, she
submitted copy of transfer letter bearing No.DLD-5/2486 dated 27.09.2010 issued by
Lahore Development Authority. Abdul Sattar appeared and recorded his statement that he
entered into an agreement of rent and he is bound by terms and conditions of the tenancy
agreement. Hence the application is allowed and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. File be consigned to the record room after its due completion.
Announced Farooq Ahmed
11.06.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
ORDER:
Learned counsel for the petitioner has produced photo copy of decree of
legal heirs of deceased Mian Mohammad Hanif and copy of exchange deed. Statements
of parties have already been recorded. Both the parties are unanimous for the registration
of rent agreement. Hence the application is allowed and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. File be consigned to the record room after its due completion.
Announced Farooq Ahmed
01.06.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
ORDER:
Learned counsel for the petitioner has produced photo copy of sale deed
bearing document No. 4536 dated 08.10.2010. Statements of parties have already been
recorded. Both the parties are unanimous for the registration of rent agreement. Hence the
application is allowed and the said rent deed be registered in accordance with law subject
to provisions of Section 5(4) of the PRPA 2009. One copy of registered rent agreement
be handed over to the respondent/tenant. Original rent agreement be returned to the
petitioner after its registration and copy of the same be retained in the record. This
registration will be valid subject to payment of stamp duty with sub registrar concerned.
File be consigned to the record room after its due completion.
Announced Farooq Ahmed
07.09.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
ORDER:
Learned counsel for the petitioner has produced photo copy of form PT-1
and copy of sale deed. Statement of petitioner already been recorded. Whereas,
respondent was proceeded against exparte. Hence the application is allowed and the said
rent deed be registered in accordance with law subject to provisions of Section 5(4) of the
PRPA 2009. One copy of registered rent agreement be handed over to the
respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
Announced Farooq Ahmed
05.06.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
Parties in person.
ORDER:
Petitioner has filed this application for registration of rent agreement.
Shagufta Feroze appeared and recorded her statement that she is landlady and she has
entered into rent agreement and she submitted the same as Ex:A-1. Whereas, she
submitted transfer letter vide No. 746-1004/1013 issued by Hajvery Associates 52-
Shalimar Link Road Chowk Mughalpura Lahore. Mohammad Shamas appeared and
recorded his statement that he entered into an agreement of rent and he is bound by terms
and conditions of the tenancy agreement. Hence the application is allowed and the said
rent deed be registered in accordance with law subject to provisions of Section 5(4) of the
PRPA 2009. One copy of registered rent agreement be handed over to the
respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. File be consigned to the
record room after its due completion.
Announced Farooq Ahmed
12.09.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
ORDER:
Learned counsel for the petitioner has produced original transfer letter of
House No.4 bearing No. LDA/DEM/12644 dated 01.12.1997 issued by Deputy Director
(Flats & Quarters) Lahore Development Authority, Lahore. Statements of parties have
already been recorded. Both the parties are unanimous for the registration of rent
agreement. Hence the application is allowed and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. File be consigned to the record room after its due completion.
Announced Farooq Ahmed
13.09.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present : Counsel for the applicant.
Parties in person.
ORDER:
Applicant has filed this application for registration of rent agreement.
Sultan Asghar appeared through special power of attorney and recorded his statement that
petitioners No.1 & 2 are landlords and they have entered into rent agreement. Shamsul
Haq and Abdul Haq appeared and recorded their statements that they are also landlords
and they have entered into rent agreement and they submitted the same as Ex:A-1.
Whereas, he submitted photo copy of registered Haqdaran Zameen for the year 2008-
2009 as well as special power of attorney as Mark-A. Whereas, representative of the
respondent’s bank namely Yasir Amin appeared and recorded his statement that he
entered into an agreement of rent and he is bound by terms and conditions of the tenancy
agreement. Hence the application is allowed and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. This registration will be valid subject to payment of stamp duty
with sub registrar concerned. File be consigned to the record room after its due
completion.
Announced Farooq Ahmed
09.10.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
ORDER:
Learned counsel for the petitioner has produced photo copy of completion
certificate vide reference No.CE101-D dated 30.06.2010 issued by Cooperative Model
Town, Society, share certificate, vide serial No. 5925 issued by Cooperative Model
Town, Society, membership certificate vide reference No. RK-957/AD/2885/11 dated
13.09.2011, issued by Cooperative Model Town, Society, Lahore and declaration of oral
gift in favour of Mahreen Saadat (landlady). Statements of parties have already been
recorded. Both the parties are unanimous for the registration of rent agreement dated
10.07.2013 affective from 15.07.2013 between Mehreen Saadat wife of Javed Bashir
(landlady and M/s Lala Textiles through its chief proprietor Mr. Mohammad Danish
(tenant). Hence the application is allowed and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. File be consigned to the record room after its due completion.
Announced Farooq Ahmed
02.09.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
ORDER:
Learned counsel for the petitioner has produced certified copy of
assessment in form PT-I bearing Serial No. 110783 dated 25.07.13 for the year 2001-
2002 and photo copy of registered Haqdaran Zameen for the year 1982-83. Statements of
parties have already been recorded. Both the parties are unanimous for the registration of
rent agreement. Hence the application is allowed and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. This registration will be valid subject to payment of stamp duty
with sub registrar concerned. File be consigned to the record room after its due
completion.
Announced Farooq Ahmed
10.09.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
ORDER:
Statements of the parties have been recorded. Learned counsel for the
petitioner has produced photo copies of registered sale deeds bearing Nos. 11707 dated
24.08.2013, 11860 dated 26.08.2013, 11755 dated 24.08.2013 and 11907 dated
27.08.2013 registered with sub registrar Allama Iqbal Town, Lahore respectively
(original seen and returned). Both the parties are unanimous for the registration of rent
agreement. Hence the application is allowed and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. This registration will be valid subject to payment of stamp duty
with sub registrar concerned. File be consigned to the record room after its due
completion.
Announced Farooq Ahmed
28.10.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
Parties in person.
ORDER:
Petitioners have filed this application for registration of rent agreement.
Mohammad Hafeez, Lal Hussain and Mohammad Sarwar appeared and recorded their
statements that they are landlords and they have entered into rent agreement and they
submitted the same as Ex:A-2. Whereas, they submitted certified copy of declaratory
decree/decree sheet as Ex:A-1, copy of Iqrarnama as Mark-A, copy of record of
permanent transfers as Mark-B & Mark-C. Syed Shahid Yousaf appeared and recorded
his statement that he entered into an agreement of rent and he is bound by terms and
conditions of the tenancy agreement. Hence the application is allowed and the said rent
deed be registered in accordance with law subject to provisions of Section 5(4) of the
PRPA 2009. One copy of registered rent agreement be handed over to the
respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. This registration will be valid
subject to payment of stamp duty with sub registrar concerned. File be consigned to the
record room after its due completion.
ORDER:
Report of local commission has been submitted. Learned counsel for the
applicant/petitioner has produced photo copy of order dated 14.07.2008 passed by the
learned ASJ, Lahore, in which he is in possession of the demised premises. Statements of
the parties have been recorded. Both the parties are unanimous for the registration of rent
agreement. Hence the application is allowed and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. File be consigned to the record room after its due completion.
Announced Farooq Ahmed
28.10.2013. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
Parties in person.
ORDER:
ORDER:
Petitioner has filed this application for registration of rent agreement. Syed
Zaheer Saghir special power of attorney of Syed Saghir Ahmad who is general attorney
of Syed Azhar Saghir appeared and recorded his statement that petitioner is landlord and
he has entered into a rent agreement with the respondent and he submitted rent agreement
as Ex:A-1. Whereas, he submitted copy of sale deed bearing No.4694 dated 05.04.1974
registered with sub registrar City Lahore, original general power of attorney and copy of
special power of attorney. Representative of the Bank namely Javed Iqbal Qureshi
Manager Operations Habib Bank Ltd. Shadman Market Branch Lahore appeared and
recorded his statement that bank has entered into a rent agreement with the petitioner and
he admitted the contents of rent agreement. So, petition is accepted and the said rent deed
be registered in accordance with law subject to provisions of Section 5(4) of the PRPA
2009. One copy of registered rent agreement be handed over to the respondent/tenant.
Original rent agreement be returned to the petitioner after its registration and copy of the
same be retained in the record. This registration will be valid subject to payment of stamp
duty with sub registrar concerned. File be consigned to the record room after its due
completion.
Announced Farooq Ahmed
04.01.2014. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the petitioner.
Parties in person.
ORDER:
Petitioner has filed this application for registration of rent agreement. Syed
Zaheer Saghir special power of attorney of applicant appeared and recorded his statement
that petitioner is landlord and he has entered into a rent agreement with the respondent
and he submitted rent agreement as Ex:A-1. Whereas, he submitted copy of gift deed
bearing No.1728 dated 30.03.2007 registered with sub registrar Data Gunj Buksh Town,
Lahore and original special power of attorney. Representative of the Bank namely Javed
Iqbal Qureshi Manager Operations Habib Bank Ltd. Shadman Market Branch Lahore
appeared and recorded his statement that bank has entered into a rent agreement with the
petitioner and he admitted the contents of rent agreement. So, petition is accepted and the
said rent deed be registered in accordance with law subject to provisions of Section 5(4)
of the PRPA 2009. One copy of registered rent agreement be handed over to the
respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. This registration will be valid
subject to payment of stamp duty with sub registrar concerned. File be consigned to the
record room after its due completion.
Announced Farooq Ahmed
04.01.2014. Special Judge Rent/Rent Registrar,
Lahore.
Present: Counsel for the applicant.
Parties in person
ORDER:
The petitioner has filed this application for registration of rent agreement.
Mohammad Umer Iqbal Khan attorney of the petitioner/landlady appeared and got
recorded his statement that he entered into an agreement and he submitted the same as
Ex:A-1. Whereas, he submitted copy of special power of attorney as Mark-A and photo
copy of sale deed as Mark-B. Nabi Buksh appeared and recorded his statement that he
entered into an agreement of rent and he is bound by terms and conditions of the tenancy
agreement. Hence the application is allowed and the said rent deed be registered in
accordance with law subject to provisions of Section 5(4) of the PRPA 2009. One copy of
registered rent agreement be handed over to the respondent/tenant. Original rent
agreement be returned to the petitioner after its registration and copy of the same be
retained in the record. This registration shall not be deemed to be the proof of ownership
in favour of the petitioner viz-a-viz the demised premises. File be consigned to the record
room after its due completion.
Announced Zahid Hussain
15.04.2015 Special Judge Rent/Rent Registrar,
Lahore.
Mehboob Ahmad Sheikh etc Vs NIB Bank Limited.
ORDER:
The petitioners have filed this application for registration of tenancy
agreement. Mr. Shahzad Mahmood Stenographer is hereby appointed as local
commission for recording of statements of the parties. Sheikh Mehboob Ahmad and
Mushtaq Ahmad Sheikh appeared as AW-1 & AW-2 respectively and recorded their
statements that they entered into tenancy agreement and they submitted the same as
Ex:A-1, whereas they submitted photo copy of conveyance deed as Mark-A.
Representative of the respondent’s bank namely Mohammad Ilyas and Iftikhar Hussain
appeared through special attorney as RW-1 & RW-2 respectively and recorded their
statements that they entered into tenancy agreement and they are bound by terms and
conditions of the tenancy agreement. So, the petition is hereby accepted and the said rent
deed be registered in accordance with law subject to provisions of Section 5(4) of the
PRPA 2009. One copy of registered rent agreement be handed over to the
respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. This registration shall not be
deemed to be the proof of ownership in favour of the petitioner viz-a-viz the demised
premises. This registration will be valid subject to payment of stamp duty with sub
registrar concerned. File be consigned to the record room after its due completion.
ORDER:
The petitioner has filed this application for registration of tenancy
agreement. Mr. Mumtaz Ahmad Khan Advocate is hereby appointed as local commission
for recording of statements of the parties. Syed Sarshar Hussain appeared as PW-1 and
recorded his statement that he entered into tenancy agreement and he submitted the same
as Ex:A-1, whereas he submitted photo copy of possession letter. Shahid Shamshir
Bakhshi appeared and recorded his statement that he entered into tenancy agreement and
he is bound by terms and conditions of the tenancy agreement. So, the petition is hereby
accepted and the said rent deed be registered in accordance with law subject to provisions
of Section 5(4) of the PRPA 2009. One copy of registered rent agreement be handed over
to the respondent/tenant. Original rent agreement be returned to the petitioner after its
registration and copy of the same be retained in the record. This registration shall not be
deemed to be the proof of ownership in favour of the petitioner viz-a-viz the demised
premises. This registration will be valid subject to payment of stamp duty with sub
registrar concerned. File be consigned to the record room after its due completion.
Today case was fixed for production of police file in F.I.R No…… under
section …….., police station…….
recording of remaining cursory evidence but learned counsel for the complainant has
requested for an adjournment on the ground that ……………….. As per request and for
the sake of justice an adjournment is granted Now come up for remaining cursory
evidence for 20.10.2016.
Identification Parade:
IN THE COURT OF BABAR NADEEM, MAGISTRATE IST CLASS, SAHIWAL
of accused allegedly involved in case FIR NO.86/09 P.S Civil Line.I reached
alongwith Jail officers and investigation officer of the case at Central Jail,Sahiwal
at 12:00-PM where the complainant and other witnesses were also present.The
alleged accused alongwith other prisoners were present and sitting in semi
circle.The age, hight and physical condition of all prisoners including alleged
accused was same.The accused Abid was sitting at serial No.18, Rashed at serial
No.20 and Nasir at serial No.27.The accused persons were asked to change their
position if they want.Upon this, the accused Abid came at serial No.6, Rashed
came at serial No.15 and Nasir at serial No.22.The complainant was summoned to
identify the accused persons.He after seeing all the accused prisoners, identified
the accused Rashed, Nasir and Abid.Statement of the complainant and objection of
the accused persons were written.Thereafter again accused were asked to change
their position if they want.Upon this the accused Nasir changed his position and
came at serial No.25.Then the witness Ghulam Muhi-ud-din was summoned for
identification, who identified the accused Abid and point out other accused Ali
Sher who is not involved in this case whereas he remained unable to identify third
again they were asked to change their position and then the witness Arfan was
summoned for identificatin, who identified only the accused Abid Hussain and
whereas the witnesses only identified the accused Abid Hussain and other accused
premises of Central Jail,Sahiwal in my presence and supervision and the report was
dictated by me.Original report is sent to the Worthy District & Sessions Judge for
BABAR NADEEM,
Magistrate Ist Class,
Sahiwal.
Writ Petition:
IN THE LAHORE HIGH COURT LAHORE.
W.P.NO.___________/2008
PETITIONER
Versus
RESPONDENTS
Respectfully Sheweth: -
thus she is a sui juris, adult, pubert lady, entered into Nikah with the
petitioner with her own free will and volition and according to the
Nikah with the petitioner with her own free will and volition and she
further declared that her marriage is without coercion and neither she
was seduced, enticed away or mislead by any one. Copy of the affidavit
5. That after the registration of FIR the petitioner filed pre arrest bail
and now he is on ad interim pre arrest bail. Copy of bail petition and
6. That the respondent No.3 and 4 are co accused in this case and
they are not cooperating with the petitioner thus they are arrayed as
7. That the petitioner seeks quashing of above said FIR, inter alia on
the following: -
GROUN D S
a) That said Sadia Komal is sui juris, adult, pubert lady of the age
law.
c) That both the alleged abductees namely Sadia Komal and Perveen
will and volition and Sadia Komal contracted marriage with the
recorded u/s 164 Cr.P.C. are annexed herewith Annex “ F & G”.
they are not cooperating with the petitioner, so they have been arrayed
as a proforma respondents.
PRAYER
Under the circumstances, it is humbly prayed that the FIR No.235 dated
6.5.2008 registered u/s 496-A/365-B/380 PPC at P.S Sadar, District Kasur, may
kindly be quashed in the interest of justice and fair play.
Any other relief, which this Court deems fit, may also, is awarded to the
petitioner.
Petitioners
through
NOTE: That this is first writ petition on the subject and the petitioner
has availed all other remedies available to him and this petition is
outcome of violation of Article 199 of the Constitution of Islamic Republic
of Pakistan.
ADVOCATE
Judgment Writing:
IN THE COURT OF BABAR NADEEM,
CIVIL JUDGE CLASS III, CHICHAWATNI.
Vs.
JUDGMENT.
filling form for issuance of CNIC but when plaintiff contacted defendant for
correction of his father’s name, he refused to do so, hence, present suit for
declaration.
filing written statement, wherein he submitted that CNIC was issued according
to the data provided by the plaintiff at the time of issuance of CNIC; that
present suit is time barred as the CNIC was issued in 2001 where as present
with mandatory injunction to the effect that the correct father’s name
3. Whether the plaintiff has no cause of action to file the instant suit?
OPD
OPD
6. Relief.
hand, representative of the defendant did not produced any oral evidence,
ISSUE NO.1.
plaintiff. It is the version of the plaintiff that correct name of his father is is
Fakeer Muhammad and not Fakeer Hussain and in order to substantiate the
same, he himself appeared as PW1 and reiterated the same stance as narrated
applied for CNIC on 11.09.2001 with the name Muhammad Ilyas son of
Fakeer Hussain, same was issued on 07.11.2001 and finally same was
produced by the plaintiff are prior to issuance of CNIC from where it become
crystal clear that correct name of plaintiff’s father is “Fakeer Muhammad” and
the fact that it was incorporated in the database due to plaintiff or defendant’s
also produced his Matric Certificate dated 12.07.1980 which also support
plaintiff’s stance narrated in the plaint. Hence, keeping in view entries made in
ISSUE NO.2.
10. Onus to prove this issue has been placed upon the
defendant. The version of the defendant is that CNIC was issued in 2001 where
as present plaintiff has instituted present suit in 2015, hence, present suit is
time barred. In this regard defendant has produced application form for
issuance of CNIC Ex.D1 and Data Form Ex.D2 from where it transpires that
CNIC was issued in 2001 and same was received by the plaintiff in 2006.
However, the point which need consideration is that plaintiff has stated in his
plaint that cause of action got finality one week before the institution of the
suit when defendant flatly refused to correct his father’s name. He has also
he contacted the defendant’s office several time for correction of his father’s
name but the defendant refused to do so and the same fact was not cross-
the plaintiff was in contact with the defendant for the correction of his father’s
name and the cause of action got finality one week before the institution of the
suit, I am of the opinion that this suit is not time barred, hence, present issued
is decided in negative.
ISSUE NO.3
11. Onus to prove this issue has been placed upon the
negative.
ISSUE NO.4
12. Onus to prove this issue has been placed upon the
defendants. According to findings on issue No.1 and 02, this issue is decided in
negative.
ISSUE NO.5
13. Onus to prove this issue has been placed upon the
negative.
RELIEF
________.