| Case ID |
1f4f8aac-935f-402d-b4c7-4a2ddb03f7e1 |
| Body |
View case body. Login to View |
| Case Number |
12-D of 2012 |
| Decision Date |
Feb 24, 2012 |
| Hearing Date |
|
| Decision |
The petitioners sought the quashment of an order regarding the change of charges against them under the Penal Code. The court found that the trial court had correctly taken cognizance of the matter, and the applications by the complainant to add a charge under section 354-A were previously dismissed. The court concluded that the impugned orders of the courts below were based on correct legal principles and warranted no interference. As such, the petition was dismissed, affirming that the object of the petition was not to impede the court's processes but to advance them, which was not in the spirit of section 561-A of the Criminal Procedure Code. |
| Summary |
In the case of Karam Elahi and Muhammad Shakeel vs. Mst. Nasim Bibi, the Peshawar High Court addressed a quashment petition related to charges under the Penal Code for assaulting a woman. The petitioners contested the trial court's decision to apply section 354-A instead of the lesser section 354. After reviewing the previous proceedings, the High Court upheld the trial court's decision, emphasizing the correctness of the legal footing of the lower courts. The ruling reinforced the importance of proper legal procedures in cases involving serious allegations of assault against women, highlighting the court's commitment to ensuring justice while adhering to established legal standards. This case underscores the crucial role of the judiciary in interpreting laws related to women's rights and the protection of dignity, serving as a precedent for future cases involving similar charges. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
QAISER RASHID KHAN, J
|
| Lawyers |
Rab Nawaz Awan,
Jehanzab Ahmed Chughtai,
Khan Wali Khan Mahsud Addl. A.G.
|
| Petitioners |
KARAM ELAHI,
MUHAMMAD SHAKEEL
|
| Respondents |
Mst. NASIM BIBI
|
| Citations |
2013 SLD 2406,
2013 YLR 526
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
561-A,
354,
354-A,
34
|