| Citation(s) |
|---|
| 2017 SLG 937 2017 SLD 937 2017 PLJ 111 |
Lahore High Court
W.P. No. 6138 of 2008, decided on 20.9.2016. Date of hearing: 20.9.2016.
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE, MAZHAR IQBAL SIDHU, JUSTICE
Mr. Ghulam Farid Sanotra and Muhammad Ashfaq Mughal, Advocates for Petitioner. Ch. Akbar Ali Kung, Asstt. A.G. for State. Mr. Waqar-ul-Hassan Butt, Advocate for Complainant.
W.P. No. 6138 of 2008, decided on 20.9.2016. Date of hearing: 20.9.2016.
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE, MAZHAR IQBAL SIDHU, JUSTICE
Mr. Ghulam Farid Sanotra and Muhammad Ashfaq Mughal, Advocates for Petitioner. Ch. Akbar Ali Kung, Asstt. A.G. for State. Mr. Waqar-ul-Hassan Butt, Advocate for Complainant.
EHSAN ULLAH ALIAS EHSANA
VS
STATE AND others- --RespondentS
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, (V of 1898), S. 439--Juvenile Justice System Ordinance, (XXII of 2000), S. 7--Pakistan Penal Code, (XLV of 1860), S. 299--Constitutional petition--Plea of juvenility plea taken at belated stage has no legal sanctity--Validity--There is no cavil to that proposition that provisions of Section 7 of Juvenile Justice System Ordinance, 2000 require detailed inquiry, which has to be carried out in letter and spirit but at same time High Court cannot lose sight of fact that matter in hand pertains to year 1993--If at all petitioner, who claims to be juvenile at time of occurrence, was not seized with Juvenile Justice System Ordinance, 2000 because it was not promulgated at that time, then admittedly provisions of Section 299, PPC, were part of PPC, and very much available to petitioner--Unfortunately all opportunities were squarely missed while dealing with matter, hence plea of juvenility taken at a belated stage after lapse of fourteen years means nothing--Plea of juvenility has been taken at a belated stage just to frustrate proceedings subsequent to final adjudication before Supreme Court--Filing of instant petition is nothing but to prolong proceedings, hence same having no legal force, hereby stands dismissed. 2004 SCMR 1861, 1871, 2007 SCMR 758 & 2009 SCMR 399, ref. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.---- Through the instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, read with Section 439, Cr.P.C. the petitioner has sought indulgence of this Court with the following prayer:-- "It is, therefore, prayed that by accepting this writ petition impugned order dated 29.01.2008 may kindly be declared illegal and without any lawful authority and remand the case with direction to Addl. Sessions Judge, Sialkot/Juvenile Court to determine the following:-- (i) Whether the convict Ehsan Ullah alias Ehsana son of Muhammad, was minor at the time of registration of FIR No. 46/1993, dated 21.02.1993 under Sections 302, 324, 34, PPC, Police Station Mautra, District Sialkot and after completing the inquiry inform…
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