| Citation(s) |
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| 2025 SLG 5070 2025 SLD 5070 = 2025 LHC 6017 |
Lahore High Court
Case No. Writ Petition No.31717 of 2024.
PRESENT; (Farooq Haider) JUDGE
03.10.2025 M/s. Rai Tariq Saeed Kharal, Liaqat Hayat Bhatti and Kashif Akber Bandesha, Advocates for the petitioner. Mr. Allah Dad Kashif Awan, Advocate for and with Farmaish Ali/respondent No.1 (respondent No.1 has been identified by his learned counsel as well as police official present in Court). Mr. Muhammad Idrees Rafique Bhatti, Assistant Advocate General, Punjab for respondents No.4 alongwith Muhammad Ali Inspector, Mujahid S.I./S.H.O., Shabbir A.S.I. and record of the case.
Case No. Writ Petition No.31717 of 2024.
PRESENT; (Farooq Haider) JUDGE
03.10.2025 M/s. Rai Tariq Saeed Kharal, Liaqat Hayat Bhatti and Kashif Akber Bandesha, Advocates for the petitioner. Mr. Allah Dad Kashif Awan, Advocate for and with Farmaish Ali/respondent No.1 (respondent No.1 has been identified by his learned counsel as well as police official present in Court). Mr. Muhammad Idrees Rafique Bhatti, Assistant Advocate General, Punjab for respondents No.4 alongwith Muhammad Ali Inspector, Mujahid S.I./S.H.O., Shabbir A.S.I. and record of the case.
Muhammad Asif
VS
Farmaish Ali, etc.
Law: Code of Criminal Procedure (CrPC), 1898
Section: 201, 420, 155 (C)
Law: Pakistan Penal Code (PPC),1860
Section:
SUMMARY OF THE ORDER
- Muhammad Asif filed a petition challenging the judgment dated 03.04.2024 of the Additional Sessions Judge, Nankana Sahib, who had accepted the revision petition of Farmaish Ali and set aside the order of the Magistrate dated 20.12.2023.
- The Magistrate had disagreed with the cancellation report prepared by the Station House Officer (SHO) in FIR No. 847/2021 (offences under 155-C Police Order 2002, 201 & 420 PPC) and had ordered that the accused (Farmaish Ali) appear in person and face trial, while directing the SHO to submit the list of witnesses.
The record revealed that:
- The SHO prepared a cancellation report on 29.01.2022.
- Later, on 06.05.2022, the DSP Headquarters, after thorough investigation, concluded that allegations against Farmaish Ali were proved, declared him guilty, and directed the SHO to submit a report under Section 173 Cr.P.C., which the SHO failed to do.
- Higher police authorities (RIB, DIG, IG) and departmental proceedings also held the accused responsible; he was dismissed from service.
The High Court observed that:
- The Magistrate legally and correctly exercised jurisdiction by disagreeing with the cancellation report and summoning the accused.
- The Additional Sessions Judge failed to consider crucial investigative findings (DSP report, directions for challan, departmental proceedings).
- The ASJ improperly relied on an unauthenticated photocopy of an affidavit, which has no evidentiary value.
- Therefore, the impugned judgment dated 03.04.2024 was illegal, based on misreading/non-reading of material, and unsustainable.
Result:
The High Court set aside the ASJ’s judgment and restored the Magistrate’s order dated 20.12.2023. The accused (Farmaish Ali) must appear before the trial court, and the SHO must immediately submit the witness list.