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Criminal Revision No. 911 of 1976, heard on 21st February 1976.
Ss. 13 & 14‑Order declaring petitioner to be a goonda based on convictions in two cases but conviction set aside on appeal‑‑Very basis of impugned order, held, not available‑Order set aside an circumstance.
Gulzar Ahmad Qureshi for Appellant.
M. A. Zafar for the State.
Date of hearing : 21st February 1977.
This is a revision petition by Haji Muhammad Yousaf against the order dated 29‑5‑1976 passed by the District Tribunal, Gujrat, whereby he was declared a goonda and was bound down for maintaining a good behaviour in the sum of Rs. 20,000 for two years. He filed an appeal before the Additional Commissioner, Rawalpindi, which was dismissed on 12‑8‑1976. Hence the present petition.
2. It is contended that impugned order declaring the petitioner to be a goonda was based on two cases; one under section 292, P. Y. C. registered against him vide F. I. R. No. 144 dated 19‑8‑1975 and the other under section 354/366, P. P. C. The counsel submitted that the petitioner was acquitted in the case under section 292, P. P. C. but was convicted in a case under section 354/366, P. P. C. He submitted further that his convic tion under these sections was also subsequently set aide on appeal. He has supported this contention by certified copies of the relevant judgments. In this view of the matter I think that the very basis of the impugned order is not available now. The revision petition is therefore, accepted and the impugned orders are set aside.
Revision allowed.
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