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Criminal Miscellaneous No. 191/Q of 1986, decided on 6th December, 1986.
---S. 561-A--Pakistan Essential Services (Maintenance) Act (LIII of 1952), S. 7--Employer, prosecution of--No notification under S.7(3) of Essential Services (Maintenance) Act, issued authorizing any employee of Government to make complaint in writing--Proceedings pending in absence of such notification, held, were nothing but abuse of process of Court and cognizance of case was without jurisdiction--Proceedings quashed in circumstances.
Khalid Mehmood Pasha for Petitioner.
Malik Qayyum, Dy. A.-G., Khalil Ramday, Advocate-General with Ch. Sarfraz for the State.
The learned Dy. Attorney-General has entered his appearance and states that there is no notification issued under section 7 of the Pakistan Essential Service (Maintenance) Act, 1952 authorizing the prosecution of the employers. In this view of the matter, the contention raised by the learned counsel for the petitioner Mr. Khalid Mehmood Pasha has force. The proceedings pending in the absence of such Notification is nothing but abuse of the process of the Court. The cognizance of the case is also without jurisdiction. In this view of the matter in exercise of inherent powers of this Court under section 561-A, the proceedings pending against the petitioner in the Court of Mr. Khalid Majeed Pirzada, Magistrate 1st Class, Gujranwala, are hereby quashed.
S.A. Petition accepted.
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