| Case ID |
2bc62652-0550-4c22-b4ed-b6c602552dc5 |
| Body |
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| Case Number |
W.P. No. 5007 of 2004 |
| Decision Date |
Apr 22, 2004 |
| Hearing Date |
Apr 22, 2004 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Muhammad Aslam, challenging the legality of an order from the Additional Sessions Judge, Jhang, which denied him a hearing in a matter related to the registration of a criminal case under Sections 22-A and 154 of the Criminal Procedure Code. The court held that at the time of FIR, accused persons have no right to hearing, and the application for hearing and impleadment was misconceived. The court emphasized the statutory obligations of the police and the judges under the Criminal Procedure Code, affirming that no hearing is required before the registration of a criminal case, thereby upholding the dismissal of the petition. |
| Summary |
In the case of W.P. No. 5007 of 2004, the Lahore High Court addressed the issue of the petitioner's entitlement to a hearing in the context of criminal proceedings. The court highlighted that under the Constitution of Pakistan and the Criminal Procedure Code, particularly Sections 22-A and 154, the accused do not have a right to be heard at the time of the First Information Report (FIR). The court referenced previous judgments to reinforce its decision that the registration of a criminal case does not necessitate a hearing for the accused. The dismissal of the petition was based on the interpretation of the law, affirming that the judicial process must adhere to established legal frameworks without granting undue rights to the accused at the FIR stage. This case emphasizes the procedural aspects of criminal law in Pakistan, particularly regarding the powers of Justices of the Peace and the responsibilities of law enforcement. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Muzammal Khan, J.
|
| Lawyers |
Mr. Ghulam Hussain Malik,
Mr. Taffazul H. Rizvi
|
| Petitioners |
MUHAMMAD ASLAM
|
| Respondents |
Respondent No. 4,
ADDITIONAL SESSION JUDGE, JHANG
|
| Citations |
2005 SLD 3921,
2005 PLJ 1154
|
| Other Citations |
PLD 2000 Lah. 208,
PLD 2003 Lah. 228,
2002 PCr.LJ 9
|
| Laws Involved |
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
199,
22-A,
154
|