| Case ID |
045a40fd-497b-4e90-9c40-14833dd9e441 |
| Body |
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| Case Number |
Criminal Petition No. 294 L of 1993 |
| Decision Date |
May 04, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to the petitioner, Sufi Muhammad Anwar, emphasizing that a prior stay order in a civil suit should not result in the outright quashing of the criminal case. The court noted the procedural flaws in the High Court's decision to quash the case without hearing the petitioner, as he claimed he was not served notice. The court condoned the delay in filing the appeal and allowed the petitioner to examine the record in light of his arguments. The ruling underscored the importance of fair trial rights and the procedural integrity of the judicial process, particularly in cases involving overlapping civil and criminal matters. |
| Summary |
This case revolves around a dispute regarding a quarter that was allegedly allotted to Muhammad Hanif, who appointed Sufi Muhammad Anwar as his attorney. The respondents, led by Mst. Badshah Begum, claimed a prior allotment which had been cancelled and trespassed into the quarter, leading to the filing of a criminal case against them. The High Court initially quashed the criminal case based on a civil suit's stay order, prompting the petitioner to appeal. The Supreme Court's ruling highlighted the procedural lapses in the High Court's decision, emphasizing the right to a fair hearing. The case illustrates the complexities that arise when civil and criminal matters intersect, and the court's insistence on adhering to due process and ensuring that all parties are heard before any final decisions are made. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH,
MUHAMMAD RAFIQ TARAR
|
| Lawyers |
M. Hanif Khatana, Advocate Supreme Court,
Tanvir Ahmed, Advocate on Record
|
| Petitioners |
Sufi MUHAMMAD ANWAR
|
| Respondents |
Mst. BADSHAH BEGUM
|
| Citations |
1995 SLD 232 = 1995 SCMR 1016
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
561-A,
186(1),
452,
506,
448,
511,
148,
149
|