| Case ID |
e17cb3fd-9462-4db0-be0d-e61bb87c765f |
| Body |
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| Case Number |
Criminal Revision No. 82/L of 1995 |
| Decision Date |
Jul 04, 2003 |
| Hearing Date |
Jun 30, 2003 |
| Decision |
The revision petition was dismissed both on the grounds of non-maintainability and merits. The Court found that the petitioner had failed to comply with legal requirements for filing a petition for special leave to appeal, following the rejection of the private complaint under the Offence of Qazf Ordinance. The Court emphasized that a direct appeal against the acquittal in a complaint case was not competent, and the petitioner could not claim exemption from the legal requirement. The case highlighted the importance of adhering to prescribed legal procedures, and the allegations made against the respondent were deemed unfounded, motivated by malice, and intended to intimidate the respondent from pursuing her legal remedies. |
| Summary |
In the case of Criminal Revision No. 82/L of 1995, the Federal Shariat Court addressed a revision petition concerning the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979. The petitioner, Muhammad Munawar ER, contested a decision against Kausar Parveen, arguing that the rejection of his private complaint warranted a revision. The court emphasized the procedural aspects of filing appeals under the relevant laws, asserting that a direct appeal against acquittal was not permissible. The ruling underlined the necessity for compliance with legal standards, dismissing the petition due to its misconceived nature. The judges reinforced that the law mandates adherence to specific procedures, and deviations cannot be tolerated. This case sheds light on the complexities of legal processes in offenses of Qazf, highlighting the balance between protecting individual rights and upholding the integrity of judicial proceedings. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
S.A. Manan, JUSTICE,
Saeed-ur-Rehman Farrukh, JUSTICE
|
| Lawyers |
Qazi Muhammad Salim for Petitioner,
Rana Abdul Hamid Khan for Respondent No. 1,
Raja Abdul Rehman, Asstt. A.G. with Miss Najma Rashid for the State
|
| Petitioners |
Muhammad Munawar ER
|
| Respondents |
Kausar Parveen and Another
|
| Citations |
2003 SLD 3479,
2003 PCRLJ 1816
|
| Other Citations |
Muhammad Nawaz v. Fazil and 4 others 1994 PCr.LJ 2288,
Abdul Latif v. Mst. Bilquees Begum and another 1983 PCr.LJ 1451,
Subedar (Retd.) Noor Gul and others v. The State and another 1987 PCr.LJ 1671,
Muhammad Bakhsh v. Iqbal Ahmad alias Ahmad and another 1980 PCr.LJ 191,
Mst. Nasreen Akhtar v. Husnain Mehdi and others Criminal Revision No. 206/I of 1996,
Kh. Babar Saleem and others v. Hasnain Mehdi and another Criminal Appeal No. 15/I of 1996,
Bashir Ahmad v. The State 1990 PCr.LJ 780
|
| Laws Involved |
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979,
Criminal Procedure Code (V of 1898)
|
| Sections |
17,
417(2)
|