| Case ID |
03f1f44f-4043-4c53-9058-843824942710 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 149 of 1978 |
| Decision Date |
Apr 14, 1959 |
| Hearing Date |
|
| Decision |
The Sindh High Court quashed the proceedings initiated against Ghulam Abbas and another based on a direct complaint and police report. The court found that there was no evidence of wrongful restraint as defined under section 339 of the Pakistan Penal Code. The court determined that the iron gate installed by the applicants did not obstruct the respondents' legal rights, as the first floor was in the exclusive possession of the applicants. The court concluded that the direct complaint and police report were filed to harass the applicants and constituted an abuse of the process of the court. |
| Summary |
In the case of Ghulam Abbas and Another vs The State and Anothers, the Sindh High Court addressed a petition for quashing proceedings related to a direct complaint and police report regarding wrongful restraint. The applicants, Ghulam Abbas and another, were involved in a property dispute over a double-storeyed bungalow in Karachi, which was designated as evacuee property. The court examined the demarcation order and the claims of easement rights by the respondents. After careful consideration, the court found no basis for the allegations of wrongful restraint and ruled in favor of the applicants, thus quashing the proceedings. This case highlights important legal principles regarding property rights, wrongful restraint, and the powers of the High Court under the Criminal Procedure Code. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Not available
|
| Lawyers |
Not available
|
| Petitioners |
Another,
Ghulam Abbas
|
| Respondents |
The State,
Anothers
|
| Citations |
1979 SLD 1576,
1979 PCRLJ 987
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code,
Criminal Procedure Code
|
| Sections |
341,
561-A
|