Case Details

Citation(s)
2015 SLG 2969 2015 SLD 2969 2015 PCRLJ 1651
Islamabad High Court
Criminal Revision No. 22 of 2015, decided on 19th June, 2015
NOOR-UL-HAQ N. QURESHI, J
Mian Umer Riaz for Petitioner. Shafqat Abbas Tarar for
Respondents. Raja Khalid Mahmood Khan, Standing Counsel.

SHABBIR HUSSAIN

VS

NOOR RAHMAN and another

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 221---"Commencement of trial"---Scope---Commencement of trial means the day when charge is framed under Chap. XIX, Cr.P.C. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 221 & 529---Charge not framed properly---Irregular proceedings---Entire proceedings of trial cannot be vitiated merely for the reason that charge was not framed properly either by-passing procedural law or for any other reasons. (c) Illegal Dispossession Act (XI of 2005)--- ----S. 5---Criminal Procedure Code (V of 1898), Ss.200, 201 & 204---Illegal dispossession---Issuance of process---Cursory statement non-recording of---Plea raised by accused was that witnesses whose cursory statements were not recorded and copies of the same were not provided to him, such person could not appear as prosecution witness---Validity---Statement if not recorded in preliminary inquiry or during investigation as cursory statements, could be done as provided by S.201, Cr.P.C.---High Court vitiated proceedings of Trial Court before or after framing of charge---High Court directed Trial Court to commence proceedings from such stage by either recording cursory statement of prosecution witnesses in question or could direct Station House Officer concerned to conduct investigation and submit such report before the Court---Revision was allowed accordingly. ORDER NOOR-UL-HAQ N. QURESHI, J.---Through this petition, the petitioner seeks following relief:- "In the aforesaid circumstances, it is humbly prayed that Revision Petition may graciously be accepted and impugned order dated 21-3-2015 may kindly be set aside and the learned trial court may kindly be directed not to record the evidence of witnesses namely Tamrez and Abdul Haleem and other witnesses who have been mentioned in list of witnesses dated 23-10-2014 as the same is illegal, unjust and will prejudice the rights of accused" 2. Respondent No.1 filed complaint against the petitioner stating therein that he purchased a piece of land measuring 10-marlas situated in Khewat No.159, Khatooni No.255, Khasra No.558 in shape of plot in revenue estate of Pind Parian, Tehsil and District Islamabad through…
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