| Citation(s) |
|---|
| 2023 SLG 1259 2023 SLD 1259 2023 PLJ 461 |
Lahore High Court
Crl. Rev. No. 23556 of 2022, heard on 31.1.2023. Dates of hearing: 31.1.2023.
MISS AALIA NEELUM AND FAROOQ HAIDER, JJ.
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Crl. Rev. No. 23556 of 2022, heard on 31.1.2023. Dates of hearing: 31.1.2023.
MISS AALIA NEELUM AND FAROOQ HAIDER, JJ.
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ZAHEER AHMED
VS
JUDGE, SPECIAL COURT, etc.--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 435/439,94
Law: Qanun-e-Shahadat (10 of 1984)
Section: 161
Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435/439 94--Qanun-e-Shahadat Order, 1984, Art. 161--Comparison of signatures--Revision Petition--Application filed by present petitioner for having comparison of signatures of his deceased father was dismissed--Since entire controversy/dispute in the case in hand revolves around the impugned signatures of deceased father of present petitioner /complainant on the cheques which were encashed from the bank--It is case of present petitioner/complainant that signatures on the disputed cheques are not of his father rather same are forged--Any piece of evidence which is essential for just decision of the case, has to be brought on record--Article 161 of the Qanun-e-Shahadat Order, 1984 is also relevant--Section 94 Cr.P.C is also relevant--If such evidence /material is necessary for just decision of the case, then it becomes mandatory for the Court to summon and examine such evidence/ material; in this regard--Application filed by present petitioner/ complainant for having comparison of signatures of his deceased father, is allowed--Instant revision petitions stands accepted/ allowed. [Pp. 464, 466, 466 469] A, B, C, D E 2001 P.Cr.R 548; PLD 1984 SC 95; 2001 SCMR 308 ref. M/s. Abid Mehmood Sandhu and M. Usman Hanif Qureshi, Advocates for Petitioner. Ms. Amera Salam, Assistant Attorney General for State. Nemo {Although name of learned counsel for Respondents No. 2 to 5 reflects in the Daily Cause List issued for today as apprised by Addl. Registrar (Court)} for Respondents No. 2 to 5. Judgment Farooq Haider, J.--Through instant revision petition, Zaheer Ahmed (present petitioner/complainant) has challenged the vires of order dated: 06.04.2022 passed by learned Judge Special Court (OIB-II), Lahore, whereby application filed by present petitioner for having comparison of signatures of his deceased father namely Ch. Muhammad Rafique, was dismissed. 2. Necessary facts for disposal of instant revision petition are that (Zaheer Ahmad (present petitioner) filed complaint under Section 5 of Offences in respect of Banks (Special Court) Ordinance, 1984 with the allegation that father of present…
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