| Case ID |
385e9117-fd34-485c-acde-dfb92c11eb5f |
| Body |
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| Case Number |
Criminal Petition No.25 K of 2002 |
| Decision Date |
Oct 14, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the High Court's judgment, affirming that the trial court had the jurisdiction to take cognizance of the alleged offences. The court found that the police had properly registered the case based on the report from the Deputy Superintendent of Police, which constituted sufficient grounds for the trial to proceed. The court emphasized that the High Court's decision was well-reasoned and aligned with the law, hence, there was no merit in the petitioner's arguments that the case was improperly filed by the local police instead of the Anti-Corruption Establishment. |
| Summary |
In the case of Raja Amir Muhammad versus The State, the Supreme Court of Pakistan addressed key issues concerning jurisdiction and proper procedures in criminal law. The petitioner was accused of embezzlement alongside co-accused, leading to a significant legal battle over the authority of local police versus the Anti-Corruption Establishment in registering and investigating cases against public servants. The court reaffirmed the trial court's decision, stating that the police had the authority to take cognizance of the offence based on the evidence presented. The judgement highlights the intricate balance between legal procedures and the rights of the accused, while also emphasizing the importance of adhering to established laws such as the Penal Code and the Pakistan Criminal Law Amendment Act. This case serves as a crucial reference point in understanding the legal landscape surrounding corruption cases in Pakistan, providing insights for legal practitioners and scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SYED DEEDAR HUSSAIN SHAH,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
Akhlaq Ahmed Siddiqui
|
| Petitioners |
Raja AMIR MUHAMMAD
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 927,
2004 SCMR 506
|
| Other Citations |
Abdul Latif v. G.M. Paracha and others 1981 SCMR 1101
|
| Laws Involved |
Penal Code (XLV of 1860),
Sindh Enquiries and Anti Corruption Rules, 1993,
Pakistan Criminal Law Amendment Act (XL of 1958),
Constitution of Pakistan (1973)
|
| Sections |
409,
261,
262,
263,
34,
R.11,
SA(1),
Art. 185(3)
|