| Case ID |
22dbd8d8-31ba-4acc-955c-194e16ea11bf |
| Body |
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| Case Number |
Criminal Petition No.50-L of 1994 |
| Decision Date |
Feb 28, 1995 |
| Hearing Date |
Feb 28, 1995 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine the sustainability of the Additional Sessions Judge's order summoning the respondents to face trial for the specified offences. The court considered whether the High Court was justified in quashing this order under its inherent powers. The case revolves around allegations of dishonesty and fraud in the handling of machinery transactions, where the respondents allegedly attempted to clear the machinery without payment and removed it unlawfully from a warehouse. The court set aside the order of the Additional Sessions Court, restoring the Magistrate's decision, emphasizing the importance of following legal processes in criminal proceedings. |
| Summary |
In the case of Criminal Petition No.50-L of 1994, the Supreme Court of Pakistan addressed the quashing of criminal proceedings initiated by the petitioner against the respondents for offences under the Penal Code, including fraud and forgery. The petitioner, M. Aslam Zaheer, a Managing Partner at M/s. Zeemko International, accused Ch. Shah Muhammad and others of dishonestly attempting to clear machinery from customs without payment. The court analyzed the inherent powers of the High Court in quashing orders of lower courts and emphasized the necessity for legal accountability in business transactions. This case highlights the legal implications of fraud and the importance of adhering to legal procedures. The decision reinforces the rule of law and serves as a precedent for future cases involving similar circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
M/s. Zeemko International,
M/s. Compact Particle Board (Pvt.) Limited,
M/s. Taj Company Limited,
M/s. Modul Systeme J.J.
|
| Judges |
ZIA MAHMOOD MIRZA,
MUKHTAR AHMAD JUNEJO
|
| Lawyers |
Raja Muhammad Anwar,
Muhammad Aslam Chaudhry,
Munir Ahmad Bhatti,
S. Abul Aasim Jafri
|
| Petitioners |
M. ASLAM ZAHEER
|
| Respondents |
Ch. SHAH MUHAMMAD,
Ghulam Mohi-ud-Din
|
| Citations |
1997 SLD 835,
1997 SCMR 1435
|
| Other Citations |
Ghulam Muhammad v. Muzammal Khan PLD 1967 SC 317
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
420,
468,
471,
203,
561-A,
185(3)
|