| Case ID |
2c7018c5-2e27-46b4-b34f-f9caaf8e8a2b |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous Nos. 222 and 223 of 2012 |
| Decision Date |
Nov 15, 2012 |
| Hearing Date |
Nov 08, 2012 |
| Decision |
The Sindh High Court examined the appeals from the applicants, who contested the trial court's decision to take cognizance of the case despite a police report recommending disposal. The court ruled that the trial court is not bound by the police report and can independently assess the evidence before it. The High Court found no irregularities in the trial court's process, emphasizing the magistrate's discretion under the Criminal Procedure Code to disagree with police findings. This led to the dismissal of the applications, reinforcing the trial court's authority and the legal standards for taking cognizance of offenses. |
| Summary |
In this case, the Sindh High Court dealt with two Criminal Miscellaneous Applications concerning the trial court's authority to disagree with a police report under Section 173 of the Criminal Procedure Code. The applicants, including Muhammad Shahid Khattak and Rizwan Khan, challenged the trial court's decision to take cognizance of a case involving allegations of corruption without proper trap proceedings. The High Court upheld the trial court's decision, asserting its independence in assessing police reports and emphasizing that a magistrate is not obliged to follow police recommendations. This case highlights important aspects of criminal procedure, particularly regarding the powers of the trial court in corruption cases, and is relevant to discussions around judicial independence and procedural justice. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AFTAB AHMED GORAR, J
|
| Lawyers |
Fiaz H. Shah,
Zahoor Shah
|
| Petitioners |
MUHAMMAD SHAHID KHATTAK,
RIZWAN KHAN
|
| Respondents |
THE STATE
|
| Citations |
2013 SLD 2302,
2013 PLD 220
|
| Other Citations |
PLD 2002 Kar. 464,
1989 P.Cr.LJ 1361,
2005 PCr.LJ 560,
2004 PCr.LJ 1023
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Prevention of Corruption Act, 1947,
Pakistan Penal Code, 1860
|
| Sections |
173,
190,
5(2),
161,
34
|