| Citation(s) |
|---|
| 2025 SLG 4843 2025 SLD 4843 = 2025 LHC 5843 |
Lahore High Court
Case No. Writ Petition No.55131 of 2023
PRESENT; (Farooq Haider) JUDGE
01.10.2025 Mr. Muhammad Hanif Khan, Advocate for the petitioner. Mr. Muhammad Idrees Rafique Bhatti, Assistant Advocate General, Punjab alongwith Nawaz, A.S.I. and record of the case.
Case No. Writ Petition No.55131 of 2023
PRESENT; (Farooq Haider) JUDGE
01.10.2025 Mr. Muhammad Hanif Khan, Advocate for the petitioner. Mr. Muhammad Idrees Rafique Bhatti, Assistant Advocate General, Punjab alongwith Nawaz, A.S.I. and record of the case.
Muhammad Ijaz Munir
VS
Add. Sessions Judge, etc.
Law: Pakistan Penal Code (PPC),1860
Section: 462-B, 506-B, 173
Law: Code of Criminal Procedure (CrPC), 1898
Section:
TAG LINE:
Even in the cases triable by the Courts of Session, if Court comes to the conclusion that there is no material available to proceed with the trial of the case then it will discharge the accused and such powers are inherent in the Court.
Background
- Petitioner Muhammad Ijaz Munir challenged order dated 19.06.2023 of Additional Sessions Judge, Sheikhupura, whereby respondents No.3–10 were discharged from trial in FIR No.933/2022 (Sections 462-B, 506-B PPC, PS Saddar Sheikhupura).
- Police report under Section 173 Cr.P.C. placed accused in Column No.2, concluding no evidence of their involvement.
- Prosecution did not disagree with police findings.
- Trial court discharged them due to absence of incriminating evidence.
Petitioner’s Contention
- Trial court allegedly had no authority to discharge accused under Section 265-D Cr.P.C.
- Requested setting aside of impugned order.
Prosecution’s Reply
AAG Punjab, on instructions of police, confirmed: