| Case ID |
1f6ba6ef-4587-4e45-be09-fde3dd9098c1 |
| Body |
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| Case Number |
Writ Petition No. 2231 of 2004 |
| Decision Date |
Apr 12, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioners, which challenged the order of the learned Sessions Judge, Muzaffargarh. The Sessions Judge had refused to accept the application filed under section 265-K of the Criminal Procedure Code and decided to proceed with the trial, stating that no compromise was reached among all legal heirs of the deceased. The High Court affirmed this decision, directing the Trial Court to continue with the trial in accordance with the law. The court noted the importance of a proper compromise among all legal heirs before any favorable consideration could be granted to the accused. The decision emphasized the need for adherence to legal procedures and the integrity of the trial process, particularly in serious criminal matters such as murder. |
| Summary |
In the case of Writ Petition No. 2231 of 2004, the Lahore High Court ruled on a constitutional petition regarding a refusal by the Sessions Judge of Muzaffargarh to accept a compromise application under section 265-K of the Criminal Procedure Code. The case stemmed from an FIR registered in 1992 concerning murder and other serious charges, with a total of 13 accused involved. The petitioners argued that a compromise had been reached among the legal heirs of the deceased, but the Sessions Judge determined that not all heirs were privy to the agreement. Consequently, the High Court upheld the Sessions Judge's decision, emphasizing the necessity of a valid compromise among all parties involved before the trial could be altered. This ruling highlights the significance of legal compliance in criminal proceedings and the court's commitment to ensuring justice is served without undue delay. Keywords: Lahore High Court, Criminal Procedure Code, compromise, legal heirs, murder case, trial process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SHABBAR ROZA RIZVI, J
|
| Lawyers |
Akhtar Mehmood Khan for Petitioners,
Khan Wajid Nawaz Khan for the Complainant
|
| Petitioners |
Muhammad Arshad,
Sajid Mehmood,
SHAH MUHAMMAD,
Muhammad Khan,
Ashfaq Ahmad,
Ashraf Riaz
|
| Respondents |
THE STATE
|
| Citations |
2006 SLD 574,
2006 PLD 335
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
265K,
265,
345,
302,
452,
354A,
337A,
148,
149
|