| Case ID |
69825e98-d4c2-47d4-b203-320a1cb11143 |
| Body |
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| Case Number |
Criminal Miscellaneous Quashment No. 11, 12, 13 an |
| Decision Date |
Feb 20, 1998 |
| Hearing Date |
Feb 20, 1998 |
| Decision |
The High Court quashed the criminal proceedings against the petitioners due to the inordinate delay of 14 years in the trial that could not be attributed to them. The court acknowledged the mental and financial torture endured by the petitioners during this prolonged period. It emphasized that no fruitful purpose would be served by continuing the criminal proceedings as the prosecution had failed to substantiate its case against the petitioners. The court considered the principle of consistency and the lack of evidence indicating the role of the accused in the alleged offenses, leading to the acceptance of the petitions for quashment. |
| Summary |
The Peshawar High Court dealt with a case involving Sona Khan and others against the State, where the petitioners sought quashment of criminal proceedings that had been ongoing for 18 years. The case under various sections of the Penal Code was marked by significant delays, with only a few witnesses examined over the years, despite the presence of 63 listed witnesses. The court noted the unfortunate outcomes for several accused, including deaths and retirements during this lengthy process. Ultimately, the court ruled that the delay constituted sufficient punishment and quashed the proceedings, emphasizing the need for justice and expediency in legal matters. This decision highlights the critical issues of judicial delays and the rights of the accused in the face of prolonged legal battles. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAH, JEHAN KHAN, JUSTICE
|
| Lawyers |
Amir Muhammad Khan for Petitioners,
Ghazanfar Ali Bangash for the State
|
| Petitioners |
AND OTHERS,
SONA KHAN
|
| Respondents |
THE STATE
|
| Citations |
1998 SLD 1232,
1998 PLD 98
|
| Other Citations |
PLD 1986 Quetta 103
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
561 A,
409,
420,
468,
471,
109
|