| Case ID |
2de7031a-1e6c-4379-a74b-ad5a4d9b8c4c |
| Body |
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| Case Number |
Writ Petition No. 865 of 2018 |
| Decision Date |
May 02, 2019 |
| Hearing Date |
May 02, 2019 |
| Decision |
The Lahore High Court, in its judgment dated May 2, 2019, addressed the constitutional petition challenging the acquittal of the respondents under Section 265-K of the Criminal Procedure Code. The court considered the arguments presented by both parties and emphasized the importance of the trial court's authority to acquit an accused at any stage of the trial, provided specific prerequisites are met. The court ruled that the trial judge's decision to acquit was based on a proper appreciation of facts and law, and no illegality or irregularity was found in the proceedings. Consequently, the court dismissed the petition, affirming the validity of the lower court's decision. |
| Summary |
This case revolves around a constitutional petition filed against the acquittal of certain respondents by the Additional Sessions Judge under Section 265-K of the Criminal Procedure Code. The Lahore High Court underscored that the trial court possesses the power to acquit an accused at any stage, provided the court hears both the prosecutor and the accused, records reasons for the acquittal, and concludes that there is no probability of conviction. The court acknowledged the importance of judicial efficiency, particularly in light of the backlog of cases, and emphasized that the trial court must exercise its authority judiciously to prevent unnecessary prolongation of proceedings. The judgment highlighted that the petitioner failed to demonstrate that the trial court acted beyond its jurisdiction or in violation of established legal principles. This case serves as a significant reference for the application of Section 265-K and the principles governing the issuance of writs of certiorari under the Constitution of Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWAARUL HAQ PANNUN,
BASHIR AHMAD KHAN
|
| Lawyers |
Haji Muhammad Aziz Khokhar,
Ch. Muhammad Zulfiqar Ali Sidhu
|
| Petitioners |
Haji Muhammad Aziz Khokhar
|
| Respondents |
ADDITIONAL SESSIONS JUDGE AND OTHERS,
Ch. Muhammad Zulfiqar Ali Sidhu
|
| Citations |
2020 SLD 260 = 2020 MLD 42
|
| Other Citations |
Rahim Shah v. The Chief Election Commissioner of Pakistan and another PLD 1973 SC 24
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Illegal Dispossession Act, 2005,
Specific Relief Act, 1877,
Constitution of Pakistan, 1973
|
| Sections |
22A,
22B,
265-K,
3(2),
9,
189,
199,
199(a)(ii)
|