| Case ID |
392e9b81-650e-47d4-bb7e-49a41704be4b |
| Body |
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| Case Number |
Petition for Leave to Appeal No. 118 of 1988 |
| Decision Date |
May 02, 1988 |
| Hearing Date |
May 02, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, holding that the petitioners, who were discharged under Section 63 of the Criminal Procedure Code, could still be summoned for trial by the Sessions Court. The Court clarified that being placed in column No.2 of the police report does not equate to cancellation of the case against the petitioners. The ruling emphasized that the Sessions Court has the authority to summon individuals for trial based on the evidence presented, and the petitioners' prior discharge does not preclude this process. The Court found no merit in the petition and thus denied leave to appeal. |
| Summary |
In the case of WAQARUL HAQ alias NITHOO vs. THE STATE, the Supreme Court of Pakistan dealt with the issue of whether the petitioners, discharged by the Illaqa Magistrate under Section 63 of the Criminal Procedure Code, could be summoned for trial. The petitioners argued that their discharge meant they could not be summoned without first recording evidence. However, the Court clarified that being placed in column No.2 indicates innocence as per police investigation but does not prevent the Sessions Court from summoning them for trial. The judgment reiterated the procedural rights of the Sessions Court and dismissed the petition, thereby affirming the authority of the trial court in summoning accused individuals based on the facts of the case. This case highlights the importance of understanding the implications of police investigations and the discharge of accused persons in the context of criminal proceedings. It serves as a crucial reference for legal practitioners dealing with similar issues regarding the summoning of accused individuals and the interpretation of discharge orders in criminal cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Not available
|
| Petitioners |
,
WAQARUL HAQ alias NITHOO
|
| Respondents |
THE STATE
|
| Citations |
1988 SLD 2628,
1988 SCMR 1428
|
| Other Citations |
Muhammad Alam and another v. Additional Secretary to Government of N.-W.F.P., Home and Tribal Affairs Department and others P L D 1987 S C 103,
Raja Khushabakhtur Rehman and another v. The State 1985 SCMR 1314
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
302/34,
63,
173,
185(3)
|