| Citation(s) |
|---|
| 2007 SLG 3494 2007 SLD 3494 2007 PLJ 115 |
Shariat Court (AJ&K)
Crl. Misc. Appl. No. 7 of 2006, decided on 14.7.2007
SYED HUSSAIN MAZHAR KALEEM, J
Ch. Ali Muhammad, Advocate for Applicants. Additional Advocate General for State. Mr. Azam Khan, Advocate for Complainant
Crl. Misc. Appl. No. 7 of 2006, decided on 14.7.2007
SYED HUSSAIN MAZHAR KALEEM, J
Ch. Ali Muhammad, Advocate for Applicants. Additional Advocate General for State. Mr. Azam Khan, Advocate for Complainant
RUKHSAR AHMAD and others--Applicants
VS
STATE--Respondent
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Inherent powers of Shariat Court--Aim and object--Exercise of powers--Quash the proceeding--Interlocutory order--Additional District Court of Criminal Jurisdiction cancelled the same and proceeded with trial without any objection by any of the parties--Held: Before exercising these powers the Shariat Court should come to an conclusion that allowing the impugned trial and proceedings to continue would defeat the ends of justice or either operate or perpetuate an injustice--Held: No illegality was noticed or any injustice done to the party invoking the inherent jurisdiction--There was an express provision provided in the shape of revision which was not availed of as such there was no legal justification for exercise of extra ordinary provisions of law--Application dismissed and trial Court directed to take the case on priority basis decide it within three weeks. [P. 118] B & D Administration of Justice-- ----Normally every case should be allowed to proceed according to law and resort to these provisions should not be lightly made as the same would tend to circumvent the due process of law--Criterion for the exercise of the powers is that the injustice complained of must be, clear, grave in nature and tangible and there is no other remedy available. [P. 118] C Evidence-- ----Prosecution evidence--Delay in recording--Delay in recording the prosecution evidence was caused by the accused/applicants and the application also appeared to had been filed only to delay and prolong the proceedings--It is not happy state of affairs, particularly when the accused petitioners are on bail, therefore, it would be in fairness of things that an order to expedite proceedings may also be passed. [P. 118] E Criminal Jurisdiction-- ----Additional District Court of Criminal Jurisdiction--Question of--Notification--Territorial jurisdiction of Courts is determined through a notification as such the case could not be made over to Additional District Court of criminal jurisdiction. Order An application to quash proceedings under taken by District Court of Criminal Jurisdiction, Mirpur was filed under Section 561-A Cr.P.C by the…
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