Imtiaz vs State S — 2025 MLD 351 Gilgit-Baltistan Chief Court

Case information

Citation: 2025 MLD 351 Gilgit-Baltistan Chief Court
Year: 2025
Reporter: MLD
Parties: Imtiaz vs State S
Subject matter: Criminal
Provisions referred to: S. 561-; S. 188---D; S. 144; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Imtiaz VS State S. 561-a---Penal Code (XLV of 1860), S. 188---Disobedience to the order duly promulgated by public servant---Quashing of proceedings---Scope---Magistrate had imposed ban on encroachments/constructions on State land under S.144, Cr.P.C---Station House Officer concerned caught the petitioners/convicts red handed on the spot while making construction on State land and submitted a complaint before the Executive Magistrate---after summary proceedings, the Executive Magistrate convicted the petitioners and sentenced them to 20 days for violation of order---Petitioners challenged the said order before the Revisional Court, which reduced the sentence from 20 days to three days and dismissed the revision petition---Validity---In the instant petition the petitioners had not annexed the record of proceedings before the Trial Court as well as proceedings of trial before the Court of Session Judge just to conceal the facts---after perusal of record the Court found no illegality or infirmity in the procedure adopted by the Executive Magistrate, or in the judgment/order passed by the Sessions Judge---although under S.561-a, Cr.P.C, the High Court may make such orders as may be necessary to give effect to "any order under the Code of Criminal Procedure or, to prevent abuse of the process of any Court or otherwise to secure the ends of justice but subject to certain exceptions i.e. when prima facie no case is made out, or when there is want of jurisdiction or when there is sheer abuse of process of law---In the instant case the petitioners failed to show any one of the said exceptions---Thus, there was no force in the instant petition and the same was dismissed.

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