| Case ID |
2e6fb210-9391-4634-960b-2fd1a4083f6c |
| Body |
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| Case Number |
W.P. No. 3752 of 2015 |
| Decision Date |
Sep 28, 2017 |
| Hearing Date |
|
| Decision |
The constitutional petition was accepted, setting aside the impugned order passed by the learned Additional Sessions Judge, Kasur, and restoring the order of the learned Judicial Magistrate, Kasur. The court determined that the criminal revision petition filed by the respondent was not maintainable against the executive order of the Judicial Magistrate that agreed with the police's cancellation report. The Supreme Court's precedent established that only a constitutional petition is permissible in such cases, reinforcing the binding nature of Supreme Court decisions as outlined in Article 189 of the Constitution. |
| Summary |
This case revolves around the legal principles concerning the maintainability of criminal revision petitions against cancellation reports. The Lahore High Court, presided over by Justice Syed Muhammad Kazim Raza Shamsi, ruled on a constitutional petition challenging an order from the Additional Sessions Judge of Kasur. The court emphasized the importance of following Supreme Court precedents, particularly regarding the binding nature of its decisions as per Article 189 of the Constitution of Pakistan. The ruling clarified that an aggrieved party must file a constitutional petition rather than a criminal revision petition when a Judicial Magistrate agrees with a cancellation report from the police. This decision underlines the significance of adherence to established legal protocols and the necessity for proper legal representation in such matters. Keywords like 'criminal law', 'constitutional petition', 'Judicial Magistrate', and 'Supreme Court decisions' are crucial for understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD KAZIM RAZA SHAMSI, JUSTICE
|
| Lawyers |
Ch. Abdul Waheed-I for Petitioner.,
Asim Aziz Butt, Assistant Advocate-General for the State.,
Salman Faisal for Respondent No. 1.
|
| Petitioners |
NAZIR AHMED
|
| Respondents |
MUHAMMAD ASIF,
3 OTHERS
|
| Citations |
2018 SLD 1144,
2018 PCRLJ 823
|
| Other Citations |
Bahadur and another v. The State and another PLD 1985 SC 62,
Bakhat Baidar Ali Shah v. The State and 5 others 2011 YLR 2587
|
| Laws Involved |
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
189,
173,
439,
406
|