| Case ID |
0515685e-3d2b-4fb8-bdd4-e32896ab7893 |
| Body |
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| Case Number |
Criminal Revision No. 487 of 1958 |
| Decision Date |
Jul 22, 1959 |
| Hearing Date |
Jul 22, 1959 |
| Decision |
The Lahore High Court quashed the commitment order made by the Magistrate based on the failure to comply with the mandatory provisions of the Criminal Procedure Code. The Court emphasized that the Magistrate must allow the accused to present defence evidence and cannot refuse the application for witness summons solely on the basis that these witnesses could be called later in the Court of Session. This ruling reinforces the rights of the accused to present their case fully at each stage of the legal process. |
| Summary |
This case revolves around the interpretation of the Criminal Procedure Code (V of 1898), specifically Section 208 concerning the obligations of a Magistrate in criminal proceedings. The Lahore High Court addressed the issue of whether a Magistrate could refuse to summon defence witnesses based on procedural grounds. The Court held that a Magistrate must allow the accused to present their defence witnesses and cannot dismiss such requests merely because those witnesses might be examined in a higher court later. This case underscores the importance of ensuring that the rights of the accused are protected throughout the legal process. The ruling clarifies that the obligation to consider defence evidence is a critical aspect of fair trial standards, thereby reinforcing the principles of justice within the judicial system. Keywords such as 'Criminal Procedure Code', 'Magistrate's duty', 'defence evidence', and 'rights of the accused' are pivotal in understanding the implications of this decision. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
J. Ortcheson
|
| Lawyers |
Nemo,
Ijaz Ali
|
| Petitioners |
Bacha
|
| Respondents |
The State
|
| Citations |
1959 SLD 109,
1959 PLD 869
|
| Other Citations |
Shal Khan v. The State P L D 1959 Lah. 55,
Emperor v. Surath I L R 42 Cal. 608,
Saadat Mian v. King-Emperor A I R 1927 Pat. 243,
Mst. Niamat v. Emperor A I R 1936 Lah. 533,
Jashanmal v. Emperor A I R 1939 Sind 222
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
208(1),
208(3)
|