| Case ID |
2691ff45-df9e-4030-889b-cbcd94258868 |
| Body |
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| Case Number |
Quashment Petition No. 15 of 1999 |
| Decision Date |
Jun 21, 2000 |
| Hearing Date |
|
| Decision |
The Peshawar High Court accepted the petition filed by Haji Muhammad Abbas, setting aside the impugned order of the Assistant Commissioner/S.D.M. Kulachi, dated 13-10-1998. The Court found that the S.D.M. failed to conduct a proper judicial inquiry into the claim raised by Mrs. Naila Tranum Jamshed regarding the attachment of the property. It emphasized that the law mandates such inquiries to ensure justice and fairness. The case was remanded back to the learned S.D.M. with instructions to hold a proper inquiry, providing both parties an opportunity to present evidence and arguments. This decision reinforced the inherent powers of the High Court to rectify any abuse of process and ensure the ends of justice are met. |
| Summary |
In a significant ruling, the Peshawar High Court addressed the procedural deficiencies in the handling of a quashment petition involving property attachment under the Criminal Procedure Code. The case stemmed from a dispute where the property of a proclaimed offender was attached, and the respondent claimed ownership through an unregistered gift-deed. The Court highlighted the necessity of a thorough judicial inquiry to validate such claims, emphasizing the importance of adhering to legal standards to prevent miscarriages of justice. This case underlines the High Court's role in safeguarding legal processes and ensuring that the rights of all parties are respected in matters of property attachment, particularly in sensitive criminal cases involving accusations of murder. The decision sets a precedent for future cases involving property claims and judicial inquiries, reinforcing the need for due process in legal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHZAD AKBAR KHAN, J
|
| Lawyers |
Dost Muhammad Khan,
Haji Saadullah Khan Miankhel,
S. Zafar Abbas Zaidi,
Ghulam Hur Khan State Counsel
|
| Petitioners |
Haji MUHAMMAD ABBAS
|
| Respondents |
4 others,
Mrs. NAILA TRANUM JAMSHED
|
| Citations |
2001 SLD 975,
2001 PCRLJ 628
|
| Other Citations |
1995 SCMR 1679
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
88(6-A),
561-A
|