| Case ID |
1594c155-2b5b-40be-8820-cd7e5227bd94 |
| Body |
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| Case Number |
W.P. No. 14531 of 2015 |
| Decision Date |
Oct 26, 2015 |
| Hearing Date |
Oct 26, 2015 |
| Decision |
The court found that the order passed by the Magistrate was made without following the proper procedure as outlined in Section 176 of the Criminal Procedure Code. The learned counsel for the Respondent conceded that the order was made in haste, thereby validating the petitioner's concerns. Consequently, the writ petition was allowed, the impugned order was set aside, and the case was remanded to the Judicial Magistrate for a fresh decision after conducting the necessary inquiry within one month from the date of receiving the certified copy of the order. This decision underscores the importance of adhering to legal procedures in the justice system. |
| Summary |
The case revolves around a constitutional petition filed by Shafique Ahmad under Article 199 of the Constitution of the Islamic Republic of Pakistan, challenging the legality of an order issued by the learned Magistrate on 15.9.2015. The order directed the Station House Officer (SHO) to act in accordance with Sections 174 and 170 of the Criminal Procedure Code. However, the petitioner argued that the Magistrate failed to comply with the procedural requirements set forth in Section 176, leading to an improper order. Upon review, the court acknowledged that the procedure was indeed neglected, which warranted the remand of the case for a fresh inquiry. The decision emphasizes procedural integrity in legal proceedings and reaffirms the necessity for judicial officers to adhere to established legal protocols to ensure fair justice delivery. The case serves as a critical reminder of the role of law in safeguarding rights and ensuring that justice is not only done but is seen to be done, highlighting the significance of proper legal representation and adherence to procedural law. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
Farrukh Gulzar Awan, Justice
|
| Lawyers |
Rana Muhammad Asif Saeed, Advocate for Petitioner,
Hafiz Abid Yousaf Ghori, Advocate for Respondent No. 3,
Mr. Aziz-ur-Rehman Khan, Asst. A.G. for Respondents
|
| Petitioners |
Shafique Ahmad
|
| Respondents |
State,
2 Others
|
| Citations |
2017 SLD 964,
2017 PLJ 288
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code, 1898,
Constitution of Pakistan, 1973
|
| Sections |
174,
176,
199
|