| Case ID |
5c74bade-70a2-4998-89ed-ed4ce2b30899 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 208/Q of 1982 |
| Decision Date |
Nov 02, 1982 |
| Hearing Date |
|
| Decision |
The petition for quashment has been dismissed as the petitioners, Muhammad Shabbir and Muhammad Shafique, were absconders and thus not entitled to any relief. The court emphasized that the case involved joint responsibility among all three accused due to the alleged fraudulent transaction, and therefore, partial quashment was not permissible. The court noted that the genuineness of the documents questioned hinged on the report of the handwriting expert, which was a matter sub judice in a civil suit between the same parties. The petitioners' absence from the trial court proceedings was highlighted, and the court ruled that fugitives from law cannot be granted the right of audience in this quashment petition. Consequently, the case was sent back to the trial court for further proceedings. |
| Summary |
In this significant case, the Lahore High Court addressed the issue of quashment of proceedings under the Criminal Procedure Code (V of 1898), particularly Section 561-A. The case arose from allegations of fraudulent transactions involving the petitioners, Muhammad Shabbir and Muhammad Shafique, who were identified as fugitives from justice. The court ruled that the petitioners could not be granted the right of audience due to their absconding status, emphasizing the principle of joint liability in cases involving multiple accused parties. This ruling reinforces the importance of accountability and adherence to legal procedures, particularly in cases of alleged fraud. The court's decision to dismiss the quashment petition and return the case to the trial court for further proceedings highlights the judiciary's commitment to upholding the rule of law and ensuring that all parties are held accountable for their actions. The relevance of this case extends to discussions on the rights of absconders and the procedural safeguards in criminal law, making it a noteworthy reference point in legal discourse. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAZHARUL HAQ, J
|
| Lawyers |
Ch. Muhammad Rafique,
Shaukat Rafique Bajwa,
Nasim Iqbal
|
| Petitioners |
MUHAMMAD SHAFIQUE,
MUHAMMAD SHABBIR
|
| Respondents |
another,
THE STATE
|
| Citations |
1983 SLD 491,
1983 PLD 91
|
| Other Citations |
Gul Hassan v. The State (PLD1969SC89)
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
561-A
|