Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 540

Law: Pakistan Penal Code (Amendment) Act, 2010

Section: 302,365-A

Constitution of Pakistan, 1973---.--- ---.---Art. 199---.---Criminal Procedure Code, 1898---.---S. 540---.---Pakistan Penal Code, 1860---.---Ss. 302 & 365-A---.---Abduction and murder---.---Application to summon call data of mobile phones pertaining to specific period was turned down---.---Challenge to---.---Fair trial is a right of every accused as guaranteed in constitution---.---Without obtaining desired data from cellular companies trial proceedings would be futile exercise---.---Right to prove him innocent by producing evidence---.---Validity---.---When prosecution has employed modern device and adopted sophisticated technique to connect petitioner with commission of offence, petitioner has got every legitimate right to prove himself innocent by using same device/CD.R. for period of his choice---.---Dispensation of justice is to be treated even-handed and under no circumstances it should be allowed to be tipped in favour of one party at costs of other---.---An application under Section 540, Cr.P.C., mere on ground that same has been moved to delay trial is not a valid ground in eyes of law to reject same---.---Call data record related to those witnesses who had already been examined and same could not be confronted with same, suffice it to observe that they might be re-summoned and re-examined by prosecution so as to provide them an adequate opportunity to explain their conduct and point of view with regard to C.D.R in question---.---Raison deter of Courts is to dispense justice and to strive hard to get truth rather than rushing through trials/cases. THIS ORDER PASSED BY: MUHAMMAD QASIM KHAN, JUSTICE:---.--- Through this single order, we intend to decide instant writ petition filed by Abdul Razzaq, the accused and Writ Petition No. 9789 of 2015 filed by Altaf Hussain, the complainant as both these matters have arisen out of same F.I.R. No. 616 dated 28.11.2013 for offence under Sections 302 and 365-A P.P.C., registered at Police Station Chowk Azam, District Layyah. 2. The brief facts of the matter are that Abdul Razzaq, the petitioner in W.P. No. 10465 of 2015 was booked in the aforesaid F.I.R. and is facing the trial for abduction and murder of…

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