| Case ID |
03848142-9a3c-4e71-a789-c476d0ea30a4 |
| Body |
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| Case Number |
W.P. No. 16142 of 2021 |
| Decision Date |
Oct 18, 2021 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the petition filed by Mst. Asma Bibi, setting aside the impugned order dated 11.10.2021 of the Senior Civil Judge Criminal Division Multan. The court directed that the statement of the petitioner be recorded under Section 164 of the Criminal Procedure Code in relation to FIR No. 766/2021. The ruling emphasized that a magistrate does not need to have jurisdiction in the case to record such statements, thereby allowing for a broader interpretation of jurisdiction in criminal proceedings. |
| Summary |
This case revolves around the procedural intricacies of recording statements under Section 164 of the Criminal Procedure Code, 1898. The Lahore High Court ruled on the necessity of a magistrate's jurisdiction in recording confessions or statements, clarifying that it is not a prerequisite for the magistrate to have jurisdiction over the case. This decision is pivotal in reinforcing the rights of aggrieved persons to have their statements recorded, facilitating access to justice. The case highlights the importance of procedural law in criminal justice and underlines the court's role in ensuring fair trial rights. Keywords like 'Criminal Procedure Code', 'jurisdiction', 'recording statements', and 'Lahore High Court' are crucial for SEO optimization, ensuring visibility in legal research and case law analysis. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI ZIA BAJWA, J.
|
| Lawyers |
Ch. Muhammad Imran, Advocate,
Haji Dilbar Khan Mahar, Assistant Advocate General for State
|
| Petitioners |
Mst. ASMA BIBI
|
| Respondents |
STATE
|
| Citations |
2022 SLD 1532,
2022 PLJ 181
|
| Other Citations |
PLJ 2021 Lahore 645
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
164
|