| Case ID |
dff3e1b0-7e96-4178-9542-a942bd1bec86 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 371 of 1967 |
| Decision Date |
|
| Hearing Date |
Oct 11, 1968 |
| Decision |
The Peshawar High Court was asked to consider the legality of quashing proceedings against the respondents under Section 302 of the Penal Code for the alleged murder of Fazal Hussain, the petitioner’s son. The court found merit in the argument that the learned Single Judge had overstepped in his extraordinary jurisdiction by quashing the case at this preliminary stage. Therefore, the Supreme Court granted special leave to appeal to address the questions raised about the High Court's decision. This decision underscores the importance of judicial oversight in criminal proceedings and the need for a thorough examination of evidence before any dismissals can be made. |
| Summary |
This case involves an appeal to the Peshawar High Court concerning the quashing of murder proceedings under Section 302 of the Penal Code. The petitioner, Mst. Lal Baha, contended that the High Court's decision to dismiss the case was unjustified, given the substantial evidence presented against the respondents, Abdul Samad and Taj Muhammad. The Supreme Court's intervention highlights key issues in criminal justice, particularly regarding the use of extraordinary jurisdiction and the proper standards for assessing evidence at preliminary stages. As the case progresses, it will address significant questions about legal standards for quashing criminal charges and the protection of individuals’ rights within the judicial system. This case is pivotal for understanding the procedural safeguards necessary in criminal law and the balance between judicial discretion and accountability. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
SAJJAD AHMAD,
ABDUS SATTAR
|
| Lawyers |
Abdul Majid Khan, Advocate Supreme Court,
Sh. Abdul Karim, Attorney for Petitioner
|
| Petitioners |
Mst. LAL BAHA
|
| Respondents |
ABDUL SAMAD,
Taj Muhammad
|
| Citations |
1969 SLD 129,
1969 SCMR 31
|
| Other Citations |
Raja Haq Nawaz v. Sakhi Muhammad P L D 19675 C 354
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
561-A
|