| Case ID |
ffc797a8-5eb7-479d-b106-773b46b51057 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 117 of 2 |
| Decision Date |
Jun 18, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal by Safdar Ali, setting aside the impugned order dated 11-5-2001 of the Lahore High Court. The court restored the order dated 8-11-1997 by the learned Ilaqa Magistrate, directing the trial court to proceed with the case in accordance with law. The court found that the order by the Magistrate was neither perverse nor capricious, having been passed after an in-depth scrutiny of the entire record, and thus could not be termed as non-speaking as held by the High Court. |
| Summary |
The case involves a criminal petition for leave to appeal filed by Safdar Ali against orders of the Lahore High Court, challenging the rejection of a discharge application by the learned Ilaqa Magistrate. The Supreme Court of Pakistan, comprising Justices SH. RIAZ AHMAD, QAZI MUHAMMAD FAROOQ, and JAVED IQBAL, heard the case. The legal proceedings revolved around the interpretation of sections of the Criminal Procedure Code and the Penal Code, particularly focusing on the Magistrate's authority to take cognizance of an offence despite a negative police report. The court emphasized the Magistrate's power to summon accused individuals placed in Column No.2 of the challan without first recording evidence. The case cites several precedent cases, including Muhammad Sharif v. State and Waqarul Haq v. State, reinforcing the court's decision to restore the Magistrate's order. This decision underscores the court's commitment to ensuring justice by scrutinizing the entire record and adhering to legal provisions, thereby setting a significant precedent in the interpretation of procedural laws. Keywords: Supreme Court of Pakistan, criminal petition, discharge application, Magistrate's authority, legal interpretation, procedural laws, justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMAD,
QAZI MUHAMMAD FAROOQ,
JAVED IQBAL
|
| Lawyers |
Muhammad Ilyas Siddiqui, Advocate Supreme Court,
Anwar H. Mir, Advocate-on-Record,
Malik Rabnawaz Noon, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
Safdar Ali
|
| Respondents |
Zafar Iqbal
|
| Citations |
2002 SLD 1096,
2002 SCMR 63
|
| Other Citations |
Muhammad Sharif v. State 1997 SCMR 304,
Waqarul Haq v. State 1988 SCMR 1428,
Falak Sher v. State PLD 1967 SC 425,
Sardar Ali and others v. The State P.S.L.A. No.66 of 1966,
Muhammad Nawaz Khan v. Noor Muhammad and others PLD 1967 Lah. 176,
Muhammad Akbar v. State 1972 SCMR 335,
Saeed Muhammad Shah v. State 1993 SCMR 550,
Raja Muhammad Afzal v. Ch. Muhammad Altaf Hussain and others 1986 SCMR 1736,
Khushbakhtur Rehman v. State 1985 SCMR 1314,
Mehar Khan v. Yaqub Khan 1981 SCMR 267,
Mehrab v. Emperor 26 Cr.LJ 181,
Lal Bihari Singh v. Emperor 31 Cr. LJ 55
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
190,
173,
191,
302,
324,
147,
148,
149,
185(3)
|