| Case ID |
19eefdae-8d03-425b-a4eb-2b4ccb62a30d |
| Body |
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| Case Number |
Criminal Revision No. 1212 of 2011 |
| Decision Date |
Apr 20, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the petition filed by Muhammad Amin, remanding the case to the Trial Court for a fresh decision. The Court found that the allegations in the complaint were substantiated by preliminary evidence, particularly the statement of the petitioner's wife, which indicated prima facie ingredients of the offence under section 354-A of the Penal Code. The Trial Court's earlier dismissal of the complaint was deemed unjustified as it did not adequately consider the evidence presented. The Court directed the Trial Court to proceed in accordance with the law, ensuring that the case is examined with proper regard to the available material. |
| Summary |
In the case of Criminal Revision No. 1212 of 2011, the Lahore High Court addressed a revision petition filed by Muhammad Amin concerning the dismissal of his private complaint by the Trial Court. The case revolved around serious allegations of assault, house trespass, and criminal intimidation involving multiple respondents. The Court scrutinized the evidence provided, particularly the statement of the petitioner's wife, which highlighted the prima facie applicability of section 354-A of the Penal Code, relating to assault on a woman. The High Court found that the Trial Court had erred in its decision to dismiss the complaint without thoroughly evaluating the evidence. The Court emphasized the necessity for a fair examination of the facts and remanded the case back to the Trial Court for a comprehensive review. This decision underscores the importance of procedural justice and the protection of victims' rights in criminal proceedings, ensuring that allegations of violence and intimidation are given due consideration. The ruling serves as a reminder of the judicial system's role in upholding the law and providing a platform for victims to seek redress. Keywords include Criminal Revision, Lahore High Court, Assault, Criminal Procedure Code, Legal Rights, Victim Protection, Judicial Review. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
SAYYED MAZAHAR ALI AKBAR NAQVI, J
|
| Lawyers |
Abdul Rauf,
Mian Muhammad Awais Mazhar
|
| Petitioners |
MUHAMMAD AMIN
|
| Respondents |
,
ADDITIONAL SESSIONS JUDGE
|
| Citations |
2012 SLD 2467,
2012 YLR 1919
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
202,
354-A,
452,
427,
506-B,
201,
148,
149
|