| Case ID |
d59ec9a7-750e-47a7-bad6-dbbf02878d32 |
| Body |
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| Case Number |
Criminal Petition No.364-L of 1996 |
| Decision Date |
Jan 18, 1996 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan, in its judgment, declined the leave to appeal against the Lahore High Court's decision that dismissed the petition for quashing the criminal proceedings against Muhammad Khalid Mukhtar. The court emphasized that a criminal case cannot be quashed unless it is shown that its continuance would amount to an abuse of the process of the court. The evidence collected by the FIA indicated that the petitioner provided forged documents to a bank, leading to substantial financial transactions. The court affirmed that the trial court's exercise of powers under relevant sections of the Criminal Procedure Code must precede any quashing of proceedings, and the evidence against the petitioner, both documentary and oral, warranted a trial rather than dismissal at this stage. |
| Summary |
This case revolves around the criminal prosecution of Muhammad Khalid Mukhtar for his alleged involvement in a fraud scheme involving forged documents presented to Askari Commercial Bank Limited. The Supreme Court of Pakistan addressed critical aspects of the Criminal Procedure Code, particularly the provisions for quashing criminal proceedings under Section 561-A. The court reaffirmed that such proceedings can only be quashed if it is convincingly demonstrated that continuing the case would constitute an abuse of judicial process. The court's decision highlighted the importance of thorough evidence evaluation and the necessity for trial courts to exercise their powers judiciously before any quashing can occur. This case underscores the significance of maintaining the integrity of the judicial process and ensuring that all parties are afforded their day in court. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
FIA,
Askari Commercial Bank Limited
|
| Judges |
Ajmal Mian,
Mukhtar Ahmed Junejo
|
| Lawyers |
Mian Bashif Zafar,
Tanvir Ahmad
|
| Petitioners |
Muhammad Khalid Mukhtar
|
| Respondents |
The State
|
| Citations |
1997 SLD 390,
1997 PLD 275
|
| Other Citations |
1994 SCMR 798,
1993 SCMR 523,
PLD 1967 SC 354,
1968 SCMR 380
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
561-A,
265-K,
249-A
|