Law: Criminal Procedure Code, 1898

Section: 249-A; 561-A

Law: Qanun-e-Shahadat Order, 1984

Section: 55, 56, 57

PLJ 2026 Cr.C. (Note) 25 [Lahore High Court, Multan Bench] Criminal Procedure Code, 1898 (V of 1898)-- ----S. 249-A--Powers and scope of--The provision of Section 249-A of the Code is designed to prevent unnecessary trials when conviction is unlikely and the evidence available, whether presented or to be presented, is to be scrutinized while deliberating upon the merits of application under this provision to ascertain if there is any possibility of conviction or not. The scope and extent of the powers conferred u/S. 249-A of the Code was deliberated upon by the Honourable Supreme Court of Pakistan--In other words, a full-fledged trial has to be conducted in normal 4 circumstances providing a fair opportunity to the prosecution to provide evidence in support of its case and prosecution is not to be stifled at its inception.          [Para 6] A & B 2005 SCMR 1544; PLD 2024 SC 1152 & 2010 SCMR 1785. Civil and Family Laws-- ----It follows that civil laws, such as family laws, govern the rights, Duties, and obligations individuals, government, and organizations owe to one another, addressing private disputes over these rights. In contrast, criminal law serves as the backbone of the justice system, focusing on crimes and their punishment as a means to preserve society’s values, morality, and norms by checking inappropriate behaviour. [Para 7] C 2024 YLR 1264. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Arts. 55, 56 & 57--Civil and criminal proceedings--It is trite that a single act can simultaneously trigger both civil and criminal legal action and ‘proceedings for a civil wrong or a public wrong (offence) are independent and not mutually exclusive--Each set of proceedings has its own procedures, standards, and consequences--Even standard of evidence in both, civil/family cases and criminal cases is different--As such, judgments/findings rendered in civil proceedings cannot be treated as absolute in criminal proceedings, except as provided for in Article 55, 56, and 57 of Qanun-e-Shahadat Order 1984 (“QSO”)--The full bench of High Court in “B.N. Kayshap v.…