| Case ID |
ffcdd2c0-55a5-4933-8d59-1079bdc64f1f |
| Body |
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| Case Number |
Petition for Leave to Appeal No.61K of 1986 |
| Decision Date |
Jan 14, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal, recognizing the contention that the High Court erred in quashing proceedings under section 145 of the Criminal Procedure Code. The High Court heavily relied on pleadings from a civil suit, which were not admissible as evidence in the criminal case. Given that two revision applications by the respondents were dismissed, the High Court's interference under section 561-A was questioned, especially when an alternative remedy existed under subsection (5) of section 145. The appeal will proceed based on the current record, although parties may submit additional documents. |
| Summary |
In the landmark case of Abdul Rashid vs. Nimro and others, the Supreme Court of Pakistan was tasked with reviewing a decision by the Sindh High Court regarding the quashing of proceedings under section 145 of the Criminal Procedure Code. The case highlights the intricate balance between civil and criminal proceedings, the scope of extraordinary jurisdiction under section 561-A, and the importance of adhering to procedural laws. The petitioners challenged the High Court's reliance on civil suit pleadings, arguing they were not valid evidence in a criminal context. This case is pivotal for understanding the procedural nuances in the Pakistani legal system, particularly concerning the jurisdictional limits of higher courts and the strategic use of appeals. Keywords: Supreme Court of Pakistan, Criminal Procedure Code, section 145, section 561-A, legal proceedings, jurisdiction, procedural law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Abdul Rashid,
Nimro
|
| Judges |
ABDUL KADIR SHAIKH,
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Abdul Hafeez Memon, Advocate Supreme Court,
Rashid Akhtar Qureshi, Advocate-on-Record
|
| Petitioners |
ABDUL RASHID
|
| Respondents |
NIMRO and others
|
| Citations |
1987 SLD 611,
1987 SCMR 1602
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
145,
561-A,
185(3)
|