| Case ID |
2b212555-bc53-4532-b2e0-4f34b0d442f9 |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Apr 10, 1971 |
| Hearing Date |
Apr 10, 1971 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal filed by the petitioners, ALLAHBANDA and others, against the complaint under sections 419 and 420 of the Pakistan Penal Code. The court held that successive applications for quashment of criminal proceedings without fresh material are not maintainable and amount to an abuse of the process of the court. The petitioners' initial request for quashment was rejected, but their second request for transfer of the case was granted, moving it to Dera Ismail Khan. The court emphasized that if the petitioners feared for their safety, they should seek police protection. Ultimately, the court upheld the dismissal of the petition, reinforcing the principle that repeated applications without new evidence are impermissible. |
| Summary |
In the case of Criminal Petition for Special Leave to Appeal No. 17-P of 1971, the Supreme Court of Pakistan addressed significant issues concerning the quashment of criminal proceedings. The petitioners, ALLAHBANDA and others, contested a complaint filed against them under sections 419 and 420 of the Pakistan Penal Code by Haji AKHIAUDDIN. The court ruled that the petitioners' attempts to quash the complaint through successive applications, without presenting any new material, were an abuse of the judicial process. The court initially allowed a transfer of the case to Dera Ismail Khan but later dismissed the petition for special leave to appeal, emphasizing the necessity for fresh evidence in subsequent applications. This case highlights critical aspects of criminal procedure, the importance of maintaining judicial integrity, and the protection of petitioners' rights within the legal framework. The ruling serves as a significant precedent for future cases involving similar procedural issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
SAJJAD AHMAD,
SALAHUDDIN AHMAD
|
| Lawyers |
S. Abrar Hussain Naqvi,
S. Ali Imam Naqvi
|
| Petitioners |
ALLAHBANDA
|
| Respondents |
Haji AKHIAUDDIN
|
| Citations |
1971 SLD 249 = 1971 SCMR 367
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
561-A
|