Case Details

Citation(s)
2020 SLG 1519 2020 SLD 1519 2020 SCMR 1200
Supreme Court of Pakistan
Criminal Petition No. 163 of 2020, decision & hearing Date : 12-06-2020 (Against the order of the Lahore High Court, Lahore Dated 28.01.2020 passed in Criminal Misc. No. 49574-TA of 2019)
UMAR ATA BANDIAL, JUSTICE FAISAL ARAB, JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Chaudhary Abdul Khalid Thind, Advocate Supreme Court and Syed Rafaqat Hussain Shah, Advocate-on-Record for Petitioner. Nemo for the State.

MUHAMMAD SULTAN

VS

MUHAMMAD RAZA AND OTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 177,179,526

Law: Penal Code (XLV of 1860)

Section: 302,364,109,149

Law: Police Order (22 of 2002)

Section: 156

Criminal Procedure Code (V of 1898)--- ----Ss. 177, 179 & 526---Penal Code (XLV of 1860), Ss. 302, 364, 109 & 149---Police Order (C.E. Order No.22 of 2002) Art. 156---Extra-judicial killing by police officials---Place of trial---Accused triable in district where "consequences ensued"---Scope---On an application filed by the accused-respondents (police officials) the High Court transferred the trial of the complaint from the court of Additional Sessions Judge, at city "T" and entrusted it to Additional Sessions Judge at city "L"---Legality---Death of son of the complainant was reported within the local limits of a police station situated in city "L", and in such regard, an FIR was also registered with said police station---Post-mortem examination of deceased was conducted in "L" and in this connection, all the witnesses were also residents of "L"---As per version of the prosecution, it was mentioned in the "complaint" that the sons of the complainant were allegedly abducted from two distinct places on two different occasions respectively, however, they were kept in illegal confinement in a police station situated in "L"---All said facts were fully covered by the second part of S. 179, Cr.P.C. coming within the ambit of "ensued consequences"---Impugned order of High Court was passed squarely within the spirit of law, therefore, the transfer of trial of "complaint" and entrusting the same to the court of Additional Sessions Judge in city "L" was well within the parameter of the law---Petition for leave to appeal was dismissed. THIS JUDGMENT DELIVERED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Criminal petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been filed, seeking leave to appeal against the order dated 28.01.2020 of Lahore High Court, Lahore in Crl. Miscellaneous No. 49574-TA/2019 in the interest of safe administration of criminal justice. 2. The facts necessitated to file instant petition are that petitioner lodged a "complaint" against the respondents titled as:- "Muhammad Sultan v. Sabir Hussain and 14 others" before the learned Addl: Sessions Judge, Tala Gang, District Chakwal. The said…
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