| Citation(s) |
|---|
| 2018 SLG 1409 2018 SLD 1409 2018 PCRLJ 879 |
Peshawar High Court
Criminal M. Q. No. 13-D of 2017, decision & hearing Dated: 11-07-2017.
MUHAMMAD AYUB KHAN, JUSTICE
Gul Tiaz Khan for Petitioner. Adnan Ali Khan, Assistant A.G. for the State. Shaukat Ullah Khan Bhittani for
Respondent No. 2.
Criminal M. Q. No. 13-D of 2017, decision & hearing Dated: 11-07-2017.
MUHAMMAD AYUB KHAN, JUSTICE
Gul Tiaz Khan for Petitioner. Adnan Ali Khan, Assistant A.G. for the State. Shaukat Ullah Khan Bhittani for
Respondent No. 2.
AZAD KHAN
VS
THE STATE AND ANOTHER
Law:
Section:
Criminal Procedure Code (V of 1898) Ss. 561 A & 344-A Penal Code (XLV of 1860), S. 381-A High Court (Lahore) Rules and Orders, Chapter 1.D, Para 15---Theft of a car or motor vehicle--- Imposition of fine--- Quashing of proceedings Petitioner was facing trial before the Judicial Magistrate under S. 381-A, P.P.C.; non-bailable warrants of arrest were issued against him, against which he filed revision petitioner, which was accepted on cost of Rs. 5,000/- to be paid to the complainant under S. 344-A, Cr.P.C. read with chapter 1.D Para-15 of High Court (Lahore) Rules and Orders---Validity---Chapter 1.D Para-15 of High Court (Lahore) Rules and Orders related to the cost to be imposed on adjournment of the case---In the present case, cost was not imposed because of any adjournment but due to the conduct of the petitioner before the Trial Court---Circumstances established that revisional court failed to comprehend the meaning and spirit of relevant provisions of law and wrongly imposed the cost---Revision petition was accepted by setting aside the impugned to the extent of imposition of cost. THIS JUDGMENT DELIVERED BY: MUHAMMAD AYUB KHAN, JUSTICE:---.--- Through the instant petition under section 561-A, Cr.P.C., the petitioner Azad Khan seeks quashment of order dated 19.4.2017 rendered by learned Additional Sessions Judge-I, D.I. Khan, whereby an amount of Rs.5000/- as cost was imposed upon him. 2. The petitioner was facing trial before learned Judicial Magistrate-II, D.I. Khan in case FIR No. 322 dated 21.5.2011 registered under section 381-A, P.P.C. at Police Station Cantt. D.I. Khan when non-bailable warrant of arrest was issued against him, against which he filed criminal revision before learned Sessions Judge, D.I. Khan. This revision petition was accepted by learned Additional Sessions Judge-I, D.I. Khan vide judgment dated 19.4.2017 on cost of Rs.5,000/- to be paid to the complainant within the meaning of section 344-A, Cr.P.C., read with chapter I.D Para-15 of High Court rules and orders which has been assailed through the instant petition. 3. I have heard the arguments of learned counsel for the petitioner, learned Assistant Advocate-General representing…
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