Legal Case Summary

Case Details
Case ID 73926046-6da9-4caa-b7bc-4c13f34f5846
Body View case body.
Case Number Criminal Miscellaneous No. 58-Q of 2004
Decision Date Feb 23, 2010
Hearing Date
Decision The Lahore High Court dismissed the petition under Section 561-A of the Criminal Procedure Code for quashing F.I.R. No. 501 of 1999. The court noted that the petitioners claimed that they were not born at the time of the alleged offence and therefore could not be held liable. The court found that there were numerous questions of fact arising from the F.I.R. that could not be resolved at this stage. It highlighted that the evidence relied upon by the prosecution had not been challenged, and the petitioners had not established that the prosecution had failed to present evidence against them. The court emphasized that the petitioners could address these issues in the trial court, which would examine the evidence and determine the case in accordance with the law.
Summary This case revolves around the quashing of an F.I.R. under the Criminal Procedure Code. The petitioners contended that the allegations against them were unfounded as they were not born at the time of the alleged offence. The Lahore High Court, presided over by Justice Tariq Javaid, found that the petitioners failed to provide sufficient evidence to support their claim of innocence. The court emphasized the importance of allowing the trial court to examine the evidence and resolve factual disputes rather than dismissing the case prematurely. This decision underscores the legal principle that the trial court is the appropriate venue for resolving such issues, reinforcing the integrity of legal proceedings. The case highlights the procedural aspects of quashing an F.I.R. and the significance of evidence in the judicial process, making it a notable reference for future legal arguments regarding similar cases.
Court Lahore High Court
Entities Involved Not available
Judges TARIQ JAVAID
Lawyers Not available
Petitioners Abdul Rasheed Sheikh
Respondents THE STATE, Muhammad Akmal, Malik Muhammad Latif Khokhar
Citations 2010 SLD 1341, 2010 MLD 1824
Other Citations Mirai Khan v. Gul Ahmed and 3 others 2000 SCMR 122, Maqbool Rehman v. The State and others 2002 SCMR 1076
Laws Involved Criminal Procedure Code (V of 1898)
Sections 561A