| Citation(s) |
|---|
| 2011 SLG 1972 2011 SLD 1972 2011 SCMR 1813 |
Supreme Court of Pakistan
Civil Appeal No. 1863 of 2005, decision dated: 29-07-2011(On appeal from the order dated 6-4-2005 of the Lahore HighCourt, Rawalpindi Bench, in I.C.A. No. 20 of 2004)
JAVED IQBAL, JAWWAD S. KHAWAJA AND ANWAR ZAHEER, JAMALI, JJ
Civil Appeal No. 1863 of 2005, decision dated: 29-07-2011(On appeal from the order dated 6-4-2005 of the Lahore HighCourt, Rawalpindi Bench, in I.C.A. No. 20 of 2004)
JAVED IQBAL, JAWWAD S. KHAWAJA AND ANWAR ZAHEER, JAMALI, JJ
Dr. SHER AFGAN KHAN NIAZIvsALI S. HABIB and others
Law:
Section:
a) Penal Code (XLV of 1860)-------Ss. 324/377-G/279/427, 322 & 420---Constitution of Pakistan, Arts.185(3) & 199---Death caused in road accident by rash and negligent driving of wagon by its driver---Registration of F.I.R. against driver of wagon---Subsequent addition of Ss. 322 & 420, P.P.C. in F.I.R. involving President of Toyota Motor Corporation and Managing Director of Indus Motor Company (respondents) due to failure of SRS (Supplemental Restraint System) Airbag installed in Toyota car driven by deceased causing his death, which amounted to cheating---Respondents' constitutional petition for quashing investigation against them accepted by High Court---Validity---Petitioner/complainant's plea was that High Court was not justified in quashing investigation at preliminary stage pending against respondents---Respondents' plea was that as no case of criminal liability was made against them, thus, High Court was justified to quash investigation---Supreme Court granted leave to appeal to consider in depth such contentions of both parties. Shahnaz Begum v. The Hon'ble Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677 and Malik Shaukat Ali and 12 others v. Ghulam Qasim Khan Khakwani and others PLD 1994 SC 281 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 324/377-G/279/427, 322 & 420--- Criminal Procedure Code (V of 1898), Ss. 63, 249-A, 265-K, 551, 561-A---Police Rules, 1934, R.24.4---Constitution of Pakistan, Arts. 185(3) & 199---Death caused in road accident by rash and negligent driving of wagon by its driver---Registration of F.I.R. against driver of wagon---Subsequent addition of Ss. 322 & 420, P.P.C. in F.I.R. involving President of Toyota Motor Corporation and Managing Director of Indus Motor Company (respondents) due to failure of SRS (Supplemental Restraint System) Airbag installed in Toyota car driven by deceased causing his death, which amounted to fraud---Respondents' constitutional petition for quashing investigation against them accepted by High Court---Validity---Function of SRS Airbag was to provide protection to driver of car at time of accident in addition to primary protection provided by seat…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492