| Case ID |
1677077e-f9b3-47ce-8ac0-8d37ff665e08 |
| Body |
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| Case Number |
Civil Petition No.40-L of 2001 |
| Decision Date |
Jun 16, 2005 |
| Hearing Date |
Jun 16, 2005 |
| Decision |
The Supreme Court of Pakistan, upon hearing the arguments, found that the High Court's acquittal of the accused under Section 249-A of the Criminal Procedure Code was not proper due to the pending civil suit regarding the same transaction. The Court, with the consent of the parties, decided to stay the proceedings in the criminal case until the civil dispute was resolved. This modification aims to ensure a fair resolution of both the civil and criminal matters, reflecting the importance of the civil proceedings on the outcome of the criminal case. The Court disposed of the petition accordingly, with no order as to costs. |
| Summary |
This case revolves around the intersection of criminal and civil law, specifically addressing the implications of a pending civil suit on criminal proceedings. The Supreme Court of Pakistan emphasized the necessity to stay the criminal proceedings under Section 249-A of the Criminal Procedure Code until the civil dispute was resolved. This decision highlights the importance of ensuring that civil matters are adequately addressed before proceeding with criminal accusations, thereby promoting judicial efficiency and fairness. The case underscores critical legal principles regarding the relationship between civil and criminal cases, particularly in contexts where both involve the same facts. Legal professionals and scholars should pay attention to this ruling as it may influence future cases where civil suits impact criminal proceedings. Keywords such as 'criminal procedure', 'civil suit', and 'judicial efficiency' are essential for understanding the broader implications of this decision. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
M. JAVED BUTTAR
|
| Lawyers |
M.A. Zafar, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record,
Khawaja Haris Ahmad, Advocate Supreme Court,
Mehmoodul Islam, Advocate-on-Record
|
| Petitioners |
others,
SHERAZ AHMAD
|
| Respondents |
others,
FAYYAZUDDIN
|
| Citations |
2005 SLD 1427,
2005 SCMR 1599
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
249-A,
185(3)
|