| Case ID |
2312189b-7acc-4eab-b9fc-8d1bb0e70da2 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1 of 2016 |
| Decision Date |
Aug 19, 2016 |
| Hearing Date |
|
| Decision |
The court has quashed the orders issued by Tehsildar/Magistrate Shiger dated 30th March 2016 and the revision petition order by the Additional Sessions Judge Skardu dated 29th April 2016. This decision was made on the grounds that the mandatory procedures under sections 107, 112, 145, 151, and 561A of the Criminal Procedure Code, 1898 were not duly followed. Specifically, the Magistrate failed to issue a written order as required by section 112, rendering the entire proceedings null and void. Consequently, the attachment of the disputed property and the binding down of the parties were deemed improper. The court emphasized the importance of adhering to mandatory legal procedures to ensure justice and uphold the rule of law. As a result, the petition was accepted, and the previous orders were annulled, allowing the parties to seek possession or ownership of the disputed land through the appropriate legal channels. |
| Summary |
In the case of Criminal Miscellaneous No. 1 of 2016, decided on August 19, 2016, the petitioner Sheikh Mehdi along with two others challenged the legality of actions taken by the respondents, including The State and four others. The dispute originated from a land disagreement between rival factions, which posed a potential threat to public peace and tranquility. The SHO of Police Station Shiger filed a complaint under sections 107, 151, and 145 of the Criminal Procedure Code (V of 1898), leading to the parties being bound down and the disputed property being attached. A revision petition filed in the Sessions Court was dismissed by Additional Sessions Judge Skardu, upholding the initial orders. However, the petitioners contended that the Magistrate failed to adhere to mandatory procedures, specifically the issuance of a written order under section 112, making the entire process null and void. The court reviewed the case thoroughly, noting the lack of compliance with essential legal requirements, and consequently quashed the previous orders. This decision underscores the critical importance of following statutory procedures in legal proceedings to ensure justice and maintain public trust in the judicial system. The judgment emphasizes that any deviation from mandatory legal protocols can lead to the nullification of actions taken by authorities, thereby protecting the rights of individuals and preventing miscarriages of justice. The parties are advised to seek appropriate legal avenues for resolving their dispute over the land in question. This case serves as a pivotal reference for ensuring strict adherence to legal procedures within criminal law, highlighting the judiciary's role in upholding the rule of law and safeguarding individual liberties against arbitrary actions by state authorities. |
| Court |
Sessions Court Skardu
|
| Entities Involved |
Tehsildar Shiger,
Magistrate Shiger,
Additional Sessions Judge Skardu,
SHO Police Station Shiger,
Chief Court
|
| Judges |
Malik Haq Nawaz
|
| Lawyers |
Basharat Ali,
Ghulam Mehdi
|
| Petitioners |
2 others,
Sheikh Mehdi
|
| Respondents |
The State,
4 others
|
| Citations |
2017 SLD 2611,
2017 PCRLJ 488
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
107,
112,
145,
151,
561A
|