| Case ID |
09162029-d222-43f0-9e74-8afd92d3d6fb |
| Body |
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| Case Number |
Criminal Miscellaneous No.8 of 2007 |
| Decision Date |
Nov 07, 2007 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal was accepted and converted into an appeal. The orders passed by the learned Magistrate 1st Class allowing the Investigating Officer to withdraw the challan and subsequently cancel the case were declared to have no legal effect. The judgment/order of the Chief Court was also set aside. The original challan of the case was deemed to be pending before the trial court, which was directed to proceed according to law. |
| Summary |
This case involves the Northern Areas Court of Appeals addressing the procedural aspects of criminal law as outlined in the Criminal Procedure Code and the Penal Code. The main issue revolved around the legality of the trial court's decision to return the challan to the police for reinvestigation after cognizance had already been taken. The court emphasized the duty of the trial court to proceed with the case once cognizance is established, and that any withdrawal of the challan must be substantiated with reasons. The ruling highlighted the importance of following due process in criminal proceedings and upheld the rights of the complainant, ensuring that the case remains active in the trial court. This decision reinforces the legal framework governing criminal procedure and the responsibilities of judicial officers in handling cases. Keywords: criminal law, procedural law, legal framework, due process, trial court. |
| Court |
Northern Areas Court of Appeals
|
| Entities Involved |
Not available
|
| Judges |
Altaf Hussain,
Syed Tahir Ali Shah
|
| Lawyers |
Malik Haq Nawaz,
Syed Jaffar Shah,
Advocate-General for the State
|
| Petitioners |
Syed MAQBOOL SHAH
|
| Respondents |
5 others,
FARDOON KHAN
|
| Citations |
2008 SLD 6783,
2008 PCRLJ 244
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
561-A,
427,
447,
147
|