| Case ID |
0fbb18ca-ca04-46d5-8ac0-db8a14fc45e2 |
| Body |
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| Case Number |
Criminal Appeal No. 3 of 1955 |
| Decision Date |
Jan 12, 1955 |
| Hearing Date |
Jan 12, 1955 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the petitioners against the order of the Chief Court of Sind. The Chief Court had previously refused to quash criminal proceedings against the appellants, which were initiated under the Penal Code by the Special Public Prosecutor. The court concluded that the refusal to quash did not finally terminate the legal controversy, as the proceedings were still pending and did not decide any legal rights or obligations. The court maintained that appeals from interlocutory orders are rarely entertained, and no exceptional circumstances warranted a different approach in this case. Thus, the appeal was dismissed, allowing the appellants to raise the point in any future appeals if necessary. |
| Summary |
This case involves the Supreme Court of Pakistan's decision regarding Criminal Appeal No. 3 of 1955, which arose from an order of the Chief Court of Sind. The court dealt with the refusal to quash certain criminal proceedings against the appellants, who were facing charges under the Penal Code. The Chief Court had dismissed the application for quashing the proceedings, leading to an appeal in the Supreme Court. The judgment emphasized the nature of interlocutory orders and the court's reluctance to entertain such appeals unless under exceptional circumstances. The final decision underscored that the refusal to quash did not conclude the legal issues between the parties, thereby preserving the appellants' rights for future actions. This case is significant in understanding the procedural aspects of criminal appeals in Pakistan and highlights the judiciary's approach to intervening in ongoing legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR, C.J.,
A. S. M. AKRAM,
MUHAMMAD SHARIF, JJ
|
| Lawyers |
Dharam Das, Senior Advocate Federal Court,
A. A. Zari, Advocate Federal Court,
A. S. Faruque, Advocate Federal Court,
S. Zahir Abbas, Attorney for Respondent
|
| Petitioners |
AHMAD SULTAN AND others
|
| Respondents |
THE CROWN
|
| Citations |
1969 SLD 161,
1969 SCMR 357
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
561-A
|