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SIRAJUDDIN versus THE STATE


The appeal filed under Section 491 of the Criminal Code (CCPC) section 491 was rightly dismissed by the High Court's special leave which the Supreme Court refused to appeal.
1968 P Cr. L J 1594

[Supreme Court]

Present: Hamoodur Rahman and Sajjad Ahmad, JJ

Choudhry NASIB KHAN---Petitioner

Versus

THE S. H. O., KAHNA KACHHA

AND

4 OTHERS- --Respondents

Petition for Special Leave to Appeal No. 143 of 1968, decided off 13th May 1968

(On appeal from the order of the High Court of west Pakistan, Lahore, dated the 3rd April 1968, in Criminal Miscellaneous No. 1436/1968).

Criminal Procedure Code (V of 1898),

S. 491---Petition under S. 491 found rightly dismissed by High Court---Special leave to appeal refused by Supreme Court.

Abdul Majid Khan, Advocate Supreme Court instructed by R Sheikh Abdul Karim, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing: 13th May 1968.

JUDGMENT

SAJJAD AHMAD, J.-

--The petitioner is aggrieved by the order of the High Court whereby his application under section 491 of the Cr. P. C., complaining of the alleged detention of Mst. Saidan, allegedly his wife was dismissed.

On 3-4-1968 when the case was taken up, the petitioner was absent. The S. H. O., who had been summoned as one of the respondents appeared in Court and stated that Mst. Saidan was already married to one Abdul Hamid and had disowned any material relation with the petitioner and had charged him for rape. The petitioner's application was rightly dismissed on the facts as found by the High Court and there is no valid ground for our interference.

The petition is dismissed.

Leave refused.

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