| Case ID |
73926046-6da9-4caa-b7bc-4c13f34f5846 |
| Body |
View case body. Login to View |
| 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
|