| Case ID |
25463113-1999-4edf-8da2-f13555fd943e |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 92 of 19 |
| Decision Date |
Nov 28, 1987 |
| Hearing Date |
Nov 28, 1987 |
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, ruling that it was premature to quash the criminal proceedings against the petitioner. The court noted that no evidence had been recorded yet regarding the allegations of forging a power of attorney and selling land based on that document. It was concluded that the trial court's dismissal of the application for quashment was justified and that the petitioner could seek relief in the appropriate forum if needed. The court emphasized that the findings of the Civil Judge regarding the genuineness of the power of attorney were not definitive and were only made for the purpose of interim relief in a civil suit. |
| Summary |
In the case of Criminal Petition for Leave to Appeal No. 92 of 1987, the Supreme Court of Pakistan addressed allegations against the petitioner regarding the forgery of a power of attorney used in real estate transactions. The court evaluated the procedural history, noting that the Lahore High Court had previously dismissed the petitioner's application to quash criminal proceedings. The Supreme Court held that no evidence had been presented to determine whether the power of attorney was genuine or forged, making it premature to quash the proceedings. The court reiterated the importance of due process and the need for a thorough examination of evidence in criminal cases. The case highlights key legal principles related to the Criminal Procedure Code and the judicial process in Pakistan, emphasizing the balance between the rights of individuals and the integrity of legal proceedings. The decision serves as a precedent for future cases involving similar allegations of forgery and the complexities of real estate law in the context of criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN, JUSTICE,
SAAD SAOOD JAN, JUSTICE,
MANZOOR HUSSAIN SHAH
|
| Lawyers |
K.H. Khurshid, Advocate Supreme Court,
S. Abid Nawaz, Advocate-on-Record (absent)
|
| Petitioners |
K.H. Khurshid,
S. Abid Nawaz
|
| Respondents |
THE STATE
|
| Citations |
1988 SLD 2977,
1988 SCMR 265
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
249-A,
561-A
|