| Case ID |
22b41ac5-89f0-4b53-9475-99d6fad73915 |
| Body |
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| Case Number |
Criminal Revision Petition No.40 of 2007 |
| Decision Date |
Jan 24, 2008 |
| Hearing Date |
|
| Decision |
The revision petition was dismissed as the trial court had the authority to consolidate cases and proceed with the trial. The petitioners failed to challenge the trial court's order within the prescribed limitation period, allowing it to attain finality. The court emphasized that the trial court's consolidation of charges was valid under the Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act, 1974, which empowers it to hear all related offences, even if some were not typically within its jurisdiction. The decision underscores the importance of timely legal challenges in maintaining the integrity of judicial processes. |
| Summary |
The case revolves around a criminal revision petition filed by Muhammad Yousuf and others against the State regarding the consolidation of cases under various laws, including the Criminal Procedure Code and the Penal Code. The petitioners argued that the trial court's consolidation of cases was illegal because some offences were not triable by that court. However, the court found that the trial court acted within its jurisdiction and that the petitioners had not challenged the consolidation order in time. The ruling highlights legal principles regarding trial court authority and the importance of adhering to procedural timelines. It addresses the intersection of multiple laws, including the Criminal Procedure Code and the Islamic Penal Laws Enforcement Act, establishing that special laws can supersede general laws in specific contexts. Keywords such as 'criminal procedure', 'trial court consolidation', 'legal authority', and 'judicial process integrity' are essential for understanding the case's implications. |
| Court |
Shariat Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Iftikhar Hussain Butt, J
|
| Lawyers |
Mirza Muhammad Nisar for Petitioners,
Malik Muhammad Saleem for Respondent No.2,
Riaz Naveed Butt, Addl. A.-G. for the State
|
| Petitioners |
8 others,
MUHAMMAD YOUSUF
|
| Respondents |
another,
THE STATE
|
| Citations |
2008 SLD 6824,
2008 PCRLJ 445
|
| Other Citations |
PLD 1973 (Note) 137,
PLD 1989 Pesh. 162,
1990 PCr.LJ 449,
1991 PCr.LJ 1558,
1993 PCr.LJ 474
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
West Pakistan Arms Ordinance (XX of 1965),
Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974)
|
| Sections |
561-A,
302,
324,
147,
148,
149,
13,
14,
14-A,
23(5)
|