| Case ID |
3926a225-217b-43dc-a973-2b6b47848ab0 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Revision No. 757 of 2004 |
| Decision Date |
Jun 20, 2008 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the order permitting the withdrawal of the prosecution was illegal, incorrect and improper. The Court emphasized that once cognizance had been taken, the case could not be cancelled by an executive authority. The Court held that the Trial Court had made a mechanical decision without properly analyzing the merits of the case. The decision also highlighted the supervisory role of the Court in ensuring that the public prosecutor's discretionary power is not abused. The order of the learned Special Judge Anti Corruption, Lahore was set aside, and the case was remanded back to proceed with the trial in accordance with the law. |
| Summary |
This case revolves around the legal principles concerning the withdrawal of prosecution under the Criminal Procedure Code. The Lahore High Court examined the actions of the Trial Court that allowed the Public Prosecutor to withdraw the prosecution against the respondent. The case highlighted the necessity for the Court to ensure that such powers are not exercised arbitrarily, and that sufficient grounds exist for any withdrawal, particularly in cases involving serious allegations. The Court referenced several precedents to reinforce its decision that the public interest must prevail and that the integrity of the judicial process should not be compromised. This ruling is significant as it not only reinforces the legal standards for withdrawal from prosecution but also emphasizes the balance of power between the judiciary and executive in criminal cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKRAM QURESHI, J
|
| Lawyers |
Ch. Asghar Ali,
M. Nazir Kamboh,
Arif Saeed,
Farzana Shehzad Khan, DPG
|
| Petitioners |
ALLAH YAR
|
| Respondents |
another,
HUSSAIN ALI
|
| Citations |
2009 SLD 378,
2009 PLD 87
|
| Other Citations |
PLD 1977 SC 451,
PLD 1991 Lah. 268,
1991 PCr.LJ 728,
1998 MLD 1523,
PLD 2005 Lah. 470,
PLD 1987 SC 103
|
| Laws Involved |
Pakistan Penal Code, 1860,
Pakistan Criminal Law Amendment Act, 1958,
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
409,
382,
302,
34,
10(4),
199,
204,
87,
88,
512,
494
|