KHALID IQBAL GHAURI V e r s u s Mr. ALLAH DITTA, MAGISTRATE 1ST CLASS, MANDI BAHA-UD-DIN and others
Judge Name: MUHAMMAD NASEEM CHAUDHRI Judgment Result: Petition accepted. Other Law Journal References: –s. 154-constitution of Pakistan (1973), art. 199-quashing of F.I.R. registered against petitioner for alleged hoarding and black-marketing of Gas-cylinders and placing some of such cylinders in street-statements, of reader of court and Naib-court who were prosecution witnesses did not indicate that some cylinders were lying in thoroughfare-provision of s. 188 P.P.C. thus, was, not applicable against petitioner-placing some of material outside out of shop, however, would not come within purview of encroachment for which prohibitory order was passed by assistant commissioner-25 cylinders found in a shop would not make out that the same were being hoarded by petitioner-even otherwise there was no material in black and white and direct oral proof that sale of sui Gas cylinders was refused to customers and that hoarding was being made for wrongful gain of petitioner or wrongful loss to any customer-registration of impugned F.I.R. being out come of mala fide, same could not remain in the field and was liable to be quashed-F.I.R. in question, registered against petitioner was quashed in circumstances.
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