| Case ID |
3d57fe50-cd01-4033-bab2-a1cda6e426de |
| Body |
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| Case Number |
Criminal Miscellaneous Quashment No. 43 of 2006 |
| Decision Date |
Jun 15, 2007 |
| Hearing Date |
Jun 05, 2007 |
| Decision |
The High Court upheld the trial court's decision to reject the petitioner's request to quash the order of the Judicial Magistrate-I, Quetta. The court concluded that the offences of abduction and murder were distinct and should be tried separately. The petitioner's argument that the murder was a continuation of the abduction was found to lack merit. The court emphasized the importance of territorial jurisdiction and clarified that the murder case was already in the Sessions Court at Peshawar, where the nominated accused had been declared proclaimed offenders. The petition for quashing the order was dismissed as it did not meet the necessary legal criteria. |
| Summary |
The case revolves around a petition for quashing an order relating to the abduction of a minor, where the complainant sought to include murder charges against the accused. The complainant originally registered a case of abduction, alleging that his daughter was kidnapped after a refusal to consent to marriage. The subsequent murder of the accused in a different city led to further complications, resulting in the complainant's party being declared proclaimed offenders. The court ruled that the abduction and murder were separate offences that should be tried in their respective jurisdictions, with the murder case already in progress in Peshawar. This ruling underscores the complexities of jurisdictional law and the interpretation of continuing offences under the Criminal Procedure Code. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
AHMED KHAN LASHARI, J
|
| Lawyers |
Kamran Murtaza,
Ayaz Zahoor,
Muhammad Qahir Shah
|
| Petitioners |
Syed Abdul Haleem
|
| Respondents |
Usman,
Jaffar,
Muhammad Tahir,
Junaid,
Muhammad Zafar,
Niamatullah,
Haji Muhammad Akbar,
Syed Muzaffar
|
| Citations |
2007 SLD 2924,
2007 PLD 101
|
| Other Citations |
AIR 1931 All. 55,
PLD 1962 W.P. (Kar.) 748,
PLD 1967 Pesh. 314,
Muhammad Aslam and others v. the State PLD 1982 W.P. (Kar.) 499
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
561-A,
182,
302,
365,
147,
148,
149
|