Law: Criminal Procedure Code (V of 1898)

Section: 249,265-K,344,439

Law: Constitution of Pakistan, 1973

Section: 10-A

Law: Pakistan Penal Code, 1860

Section: 34,147,148,149,302

(a) Interpretation of statutes--- ----Omission in statute---Effect and remedy---Duty of court---Scope---Omission in statute cannot be supplied by construction---Court is not entitled to read words into an Act of legislature unless a clear reason for it is to be found within the four corners of Act itself---Duty of court is neither to add to nor to take anything from a statute unless there are good grounds for thinking that legislature intended something which it had failed to precisely express---Where no such inference is possible, words cannot be added in the provisions or alterations or restore cassus omissus in the statute without a suitable amendment---Courts cannot remedy either of such defects and has no power to fill any gaps disclosed in an Act--- If there is any omission in a statute, it is for the legislature to fill it up and it is beyond the jurisdiction of court to do so. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 249, 265-K, 344 & 439---Penal Code (XLV of 1860), S.302---Qatl-i-amd---Proceedings held in abeyance---Scope---Trial Court, due to non-availability of material witnesses, directed to keep trial dormant under S.249, Cr.P.C. till availability of requisite evidence justifying revival of case against accused persons---Validity---Trial Court could postpone or adjourn proceedings for a definite time under S.344, Cr.P.C. by mentioning reasons thereof but simultaneously power of court was restricted to adjourn case sine die for an indefinite period of time---Case could have been adjourned or kept pending for a good reason that too up to a reasonable time---High Court observed that if such practice was allowed no trial would arrive to a logical conclusion---Keeping a case or stopping proceedings under S.249, Cr.P.C. and ordering cases to be kept dormant by Sessions Court were not in line and within jurisdiction of Sessions Court---High Court set aside order passed by Sessions Court and remanded case for decision in accordance with law---Application under S. 265-K, Cr.P.C. was directed to be deemed to be pending and decided on basis of available evidence---Revision was allowed accordingly. (c) Criminal Procedure Code (V of 1898)---…

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