ASMAT JAHAN BEGUM Vs. MUMTAZ HUSAIN ALIAS KABBAN

JUDGEMENT

(1.) M. A. Khan, J. Heard and persued order dated 2-4-1998 passed by the Court below and I find that the said order is illegal. When the evidence of the parties had been concluded and their written argument is on record, there was no justifica tion that the learned Court below under Section 125 Cr. P. C. could have dismissed the application in default. The aforesaid order is accordingly set aside and the case is sent back to the Court below with the direction that the Court below shall pass a suitable order after hearing: the parties counsel in accordance with law.

(2.) WITH these observations petition disposed of finally. Petition disposed of. .