| Case ID |
ff28edac-9540-4fcf-8c79-3c0cb6834bb5 |
| Body |
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| Case Number |
Criminal Petition No.59-L of 2003 |
| Decision Date |
Jul 13, 2005 |
| Hearing Date |
Jul 13, 2005 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the order of the Lahore High Court, which had accepted a revision petition and set aside the dismissal order of the Additional Sessions Judge. The Court noted that the guilt or innocence of the accused could only be determined based on evidence to be recorded by the Trial Court. The Supreme Court refrained from making any determinations regarding the genuineness of the alleged police encounter while emphasizing that proper opportunity for hearing would be afforded to all parties in the Trial Court. The petition lacked merit and the Court directed the Trial Court to expedite the case's resolution. |
| Summary |
This case revolves around a criminal petition challenging a Lahore High Court decision that reversed a lower court's dismissal of charges under the Penal Code for murder and attempted murder. The petitioners argued that the High Court acted without considering evidence, leading to a miscarriage of justice. The Supreme Court clarified that it could not adjudicate on the factual basis of the case, which was the domain of the Trial Court. The ruling underscored the importance of a fair hearing and the necessity for the Trial Court to examine all relevant evidence before determining guilt or innocence. Keywords include Supreme Court of Pakistan, Lahore High Court, criminal law, evidence, police encounter, miscarriage of justice, and legal representation in criminal cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
MIAN SHAKIRULLAH,
JAN,
NASIR-UL-MULK
|
| Lawyers |
Masood-ur-Rehman Mirza,
M.A. Qureshi
|
| Petitioners |
RIASAT ALI BHATTI
|
| Respondents |
THE STATE and others
|
| Citations |
2006 SLD 2551,
2006 SCMR 856
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
324,
34,
185(3)
|