Case Details

Citation(s)
2003 SLG 887 2003 SLD 887 2003 SCMR 492
Supreme Court of Pakistan
Criminal Petition No. 773-L of 2001, decided on 4th June, 2002. (On appeal from the judgment/order, dated 14-11-2002 passed by Lahore High Court, Lahore in Criminal Appeal No. 307 of 1997)
IFTIKHAR MUHAMMAD CHAUDHRY, TNAVIR AHTNED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
Shaukat Haroon, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents

TAHIR SAEED and anothers

VS

MUHAMMAD IRSHAD RANA and another

Law: Criminal Procedure Code (V of 1898)

Section: 423(1)(b)

Criminal Procedure Code (V of 1898)-- ----S.423 (1) (b)---Remand of the case of accused to Trial Court by the High Court was challenged on the ground that no incriminating evidence was available against the accused to involve him in the commission of crime--­Since the trial had commenced and statement of one of the witnesses had also been recorded on oath, therefore, it was not in the interest of justice to interfere in the proceedings which were pending on the tile of the Court having jurisdiction to appreciate the evidence so produced before it. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 14th November, 2001 passed by Lahore High Court. Lahore whereby criminal appeal filed by respondent No. l was allowed and case has been remanded to the trial Court. 2. Learned counsel appearing for petitioner contended that there is no incriminating evidence against the petitioner to involve him in the commission of…
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