| Case ID |
41e50ffb-b460-4bb6-9799-31d7d0844d26 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. 232 of 1907 |
| Decision Date |
Jun 30, 1967 |
| Hearing Date |
Jun 30, 1967 |
| Decision |
The petition was partly accepted as the court determined that the acquittal order pronounced by the late Mr. Jumani was a nullity in law due to the lack of a written judgment. The court emphasized that the first respondent could have sought appropriate relief from the successor magistrate under section 350 of the Cr. P. C., highlighting that the inherent jurisdiction under section 561-A was not applicable for this case. The petitioner was granted the option to make an application in the Court of the Sub-divisional Magistrate for further proceedings. |
| Summary |
In the case of Mehboob Ali vs. Syed Qamar Ali and Another, the Sindh High Court reviewed the acquittal of the first respondent by the late Mr. Jumani, which was contested on the grounds that no written judgment existed. The incident that led to this case involved an attack with a knife, where the petitioner intervened. The court found that the oral order of acquittal was legally invalid, as it was not supported by a judgment, thus rendering it a nullity. The court ruled that the petitioner could not invoke extraordinary jurisdiction but could seek relief from the newly appointed magistrate. This case underscores the importance of formal judgments in legal proceedings and the appropriate channels for seeking redress. Keywords: Criminal Procedure Code, acquittal, nullity, legal proceedings, magistrate. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
DORAB PATEL, J
|
| Lawyers |
Mr. S. M. Noorul Hassan,
Mr. Ale Raza
|
| Petitioners |
Mehboob Ali
|
| Respondents |
Another,
Syed Qamar Ali
|
| Citations |
1969 SLD 820 = 1969 PCRLJ 641
|
| Other Citations |
Muhammad Iqbal v. State Criminal Appeal No. J-426 of 1966
|
| Laws Involved |
Criminal Procedure Code
|
| Sections |
561-A,
350
|