| Case ID |
259dfe5f-5b2e-44ee-8209-43372fec2f6a |
| Body |
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| Case Number |
Criminal Miscellaneous No. 93-Q of 2001 |
| Decision Date |
Feb 08, 2002 |
| Hearing Date |
Feb 08, 2002 |
| Decision |
The Lahore High Court quashed the proceedings initiated against Noor Muhammad under section 182, P.P.C., citing that the proceedings were tainted with prejudice and bias. The court emphasized that the Judicial Magistrate had no powers to initiate proceedings under section 182, P.P.C., as he was not a public servant in the context defined by the law. The court directed the concerned Sessions Judge to call for an explanation from the Magistrate and submit a report regarding the matter. The decision highlighted the importance of lawful authority and proper procedure in criminal proceedings, ensuring that the rights of the complainant are upheld and that justice is served without bias. |
| Summary |
The case revolves around the quashment of proceedings initiated against Noor Muhammad under section 182, P.P.C. The Lahore High Court found that the Judicial Magistrate acted with bias and exceeded his authority by initiating proceedings without a written complaint from a public servant. The court detailed the background of the case, where an FIR was lodged against accused Mohabbat Khan and Sher Afgan. After a proper investigation, the police had submitted a challan, but the Judicial Magistrate later discharged one of the accused without proper consideration and notice to the complainant. The High Court emphasized the need for fair judicial processes, ensuring that the rights of all parties are respected. The ruling serves as a critical reminder of the legal standards required in criminal proceedings, particularly regarding the roles and responsibilities of public servants and the judiciary. The case underscores the significance of adhering to legal protocols to prevent miscarriages of justice, making it a notable reference for future legal interpretations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI NAWAZ CHOWHAN, J
|
| Lawyers |
Muhammad Asif Chaudhary,
Ch. Aftab Ahmad Gujjar
|
| Petitioners |
NOOR MUHAMMAD
|
| Respondents |
THE STATE
|
| Citations |
2002 SLD 2365,
2002 PLD 183
|
| Other Citations |
Khan Ghulam Qadar Khan Khakwani v A.K. Khalid PLD 1960 (W.P.) Lah. 1039,
Mian Zahid Sarfraz v. The State 1989 PCr.LJ 1831,
Haji Muhammad Aslam v. Inspector-General and others PLD 2001 Lah. 84,
Mst. Sarwat Ilays v. The State 1991 PCr.LJ Note 86, p.62
|
| Laws Involved |
Criminal Procedure Code (V of 1895),
Penal Code (XLV of 1860)
|
| Sections |
561-A,
195,
249-A,
182
|