| Citation(s) |
|---|
| 2025 SLG 261 2025 SLD 261 2025 LHC 33 |
Lahore High Court
CRIMINAL APPEAL No.40068/2020
Mr. Justice Muhammad Amjad Rafiq
Appellant by Malik Shabbir Ahmad, Advocate with appellant on bail. State by Syed Muntazir Mehdi Bukhari, Assistant District Public Prosecutor
CRIMINAL APPEAL No.40068/2020
Mr. Justice Muhammad Amjad Rafiq
Appellant by Malik Shabbir Ahmad, Advocate with appellant on bail. State by Syed Muntazir Mehdi Bukhari, Assistant District Public Prosecutor
Muhammad Asif Atta
VS
The State etc
Law: Pakistan Penal Code, 1860
Section: 489-F,172-188
Law: Code of Criminal Procedure (CrPC), 1898
Section: 485,195
Summary of Judgment in Criminal Appeal No. 40068/2020
Background:
- The appellant, Asif Atta, was convicted under Section 174 of the Pakistan Penal Code (PPC) and sentenced to seven days’ imprisonment by the Additional Sessions Judge-I, Lahore on 04.09.2020.
- The conviction stemmed from his failure to produce an accused, Muhammad Irfan, in a case under Section 489-F PPC, despite repeated court orders and warnings.
Legal Arguments:
- The appellant’s counsel argued that the conviction was unlawful because the Additional Sessions Judge could not directly sentence him. Instead, a complaint should have been filed before the competent court under Section 195 of the Code of Criminal Procedure (Cr.P.C.).
- The prosecution conceded to this legal position.
Court’s Findings:
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