| Case ID |
2e63bfef-f06d-4abc-a336-4d9df323eef9 |
| Body |
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| Case Number |
Crl. Rev. No. 56556 of 2020 |
| Decision Date |
May 13, 2022 |
| Hearing Date |
May 13, 2022 |
| Decision |
The Lahore High Court allowed the criminal revision filed by Sajjad Ali, challenging the dismissal of his private complaint against the respondents. The court found that the Additional Sessions Judge had not applied the correct legal principles regarding the issuance of process against the accused. The court emphasized that prima facie evidence of a cognizable offense existed, which warranted further proceedings. The case was remanded for a fresh decision, directing the trial court to follow proper legal procedures and ensure justice was served. This decision highlights the importance of examining evidence thoroughly and ensuring that complaints are not dismissed without adequate consideration. |
| Summary |
In the case of Sajjad Ali vs. Learned Additional Sessions Judge, Mandi Baha-ud-Din, the Lahore High Court addressed critical issues surrounding the dismissal of a private complaint under the Criminal Procedure Code (CPC), 1898. The petitioner, Sajjad Ali, sought to challenge the dismissal of his complaint regarding a violent incident where he was allegedly attacked. The court examined the procedural requirements outlined in sections 200, 203, 202, and 204 of the CPC. It was determined that the trial court failed to adequately assess the evidence presented, leading to an unjust dismissal of the complaint. The High Court's ruling underscores the significance of procedural fairness in the judicial process, particularly in cases involving private complaints and the rights of individuals seeking justice. The decision serves as a reminder that courts must adhere to established legal standards and ensure that complaints are evaluated on their merits, thereby fostering trust in the legal system. This case is particularly relevant for practitioners in criminal law, emphasizing the necessity of thorough evidence examination and the proper application of legal principles in adjudicating complaints. Keywords such as 'criminal law', 'private complaints', 'Lahore High Court', and 'Criminal Procedure Code' are essential for understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Not available
|
| Lawyers |
Not available
|
| Petitioners |
Sajjad Ali
|
| Respondents |
,
Learned Additional Sessions Judge, Mandi Baha-ud-Din
|
| Citations |
2023 SLD 1235,
2023 PLJ 361
|
| Other Citations |
2010 SCMR 1816,
2010 SCMR 105,
2008 SCMR 853,
PLD 2008 Lahore 441,
PLD 2009 Lahore 444
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
200,
203,
202,
204,
249-A/265-K,
22-A(6),
435,
439
|