| Case ID |
20d0de20-2309-411e-abe9-fbb18fedf795 |
| Body |
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| Case Number |
Criminal Petition No. 65 of 1983 |
| Decision Date |
Oct 22, 1983 |
| Hearing Date |
Oct 22, 1983 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed against the Lahore High Court's decision to summarily dismiss the petitioners' criminal revision. The court upheld the principle that when the same parties are involved in both a police case and a private complaint, the private complaint should be adjudicated first to avoid double jeopardy. The decision emphasized the importance of following due process in criminal proceedings, ensuring that all relevant evidence is considered in a single trial. The court rejected the petitioners' argument for joint trials and reiterated that the procedure suggested in previous case law should be applied. |
| Summary |
This case revolves around the legal principles regarding the handling of concurrent criminal proceedings where the same parties are accused in both a police report and a private complaint. The Supreme Court of Pakistan, in its ruling, emphasized the necessity of a fair trial process, prioritizing the private complaint case to ensure that the rights of the accused are preserved and to prevent the risk of double jeopardy. The decision highlighted the complexities involved in managing multiple accusations against the same individuals and underscored the importance of a coherent legal framework in adjudicating such matters. The ruling aligns with established precedents and reinforces the importance of adhering to procedural justice in criminal law. This case serves as a significant reference for legal practitioners dealing with similar issues, emphasizing the need for a clear understanding of the rights of the accused and the procedural obligations of the courts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH
|
| Lawyers |
Raja Muhammad Muzaffar, Advocate Supreme Court,
S. Wajid Hussain, Advocate-on-Record,
Khalil Ramdey, A. A.-G for the State
|
| Petitioners |
3 others,
Mumtaz
|
| Respondents |
another,
Mansoor Ahmad
|
| Citations |
1984 SLD 432,
1984 SCMR 221
|
| Other Citations |
P L D 1966 S C 708
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
Art. 185(3),
302,
148,
149,
202
|