| Case ID |
e03a8335-532d-46db-93ce-d17d01f7fbc1 |
| Body |
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| Case Number |
Criminal Revision No. 785 of 2014 |
| Decision Date |
Dec 12, 2017 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the Criminal Revision No. 785 of 2014, affirming the decision of the Additional Sessions Judge who had declined to issue process against the accused in a private complaint concerning homicide. The court found that the trial court's decision did not exhibit any material illegality or flaw, thus deeming the petition unworthy of intervention. The ruling emphasized that sufficient grounds must exist based on verifiable evidence for process issuance under Section 204 of the Criminal Procedure Code. The case underscored the distinction between cross and defense versions, particularly noting that a defense plea without tangible evidence could not equate to a cross version. The court's conclusion reinforced the need for objective consideration in cases of serious accusations, ultimately leading to the dismissal of the petition. |
| Summary |
This case revolves around a criminal revision challenging the decision of an Additional Sessions Judge in Lahore regarding a private complaint of homicide. The petitioner, Muhammad Boota, alleged that the trial court wrongfully declined to issue process against the accused in a case stemming from a violent incident resulting in the death of Farhan Ali, as reported by his brother Ghulam Abbas. The court's ruling highlighted critical aspects of criminal procedure, including the necessity for sufficient grounds based on credible evidence for the issuance of process. The distinction between cross and defense versions was particularly emphasized, with the court asserting that mere defense claims without solid backing cannot be equated with a cross version. The judgment ultimately upheld the trial court's decision, reinforcing the legal standards for initiating criminal proceedings. Keywords such as 'homicide', 'criminal procedure', and 'law enforcement' are relevant as they capture the essence of legal proceedings and the standards of evidence required in such cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Muhammad Yaqoob,
Ghulam Abbas,
Muhammad Naveed,
Muhammad Javed,
Farman Ali,
Muhammad Abbas,
Farhan Ali,
Sajida Bibi,
Muhammad Shahzad,
Waqas,
Haider Ali,
Muhammad Mubeen,
Abdul Aleem,
Haroon
|
| Judges |
Qazi Muhammad Amin Ahmed
|
| Lawyers |
Muhammad Qasim
|
| Petitioners |
Muhammad Boota
|
| Respondents |
Additional Sessions Judge and Others
|
| Citations |
2018 SLD 807,
2018 PLJ 607
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
204,
203,
154,
302,
117,
118,
119,
121
|