Law: Criminal Procedure Code (V of 1898)

Section: 403(1), 561A, 439

Law: Penal Code (XLV of 1860)

Section: 362, 34

  (a) Criminal Procedure Code (V of 1898) S. 403(1)-Persons tried and convicted by Council of Elders for offence of murder but Haq conviction set aside by High Court as being in conflict with Funda mental Rights-Such persons, held, neither convicted nor acquitted in terms of S. 403(1)-Retrial, in circumstances, not barred-Penal Code (XLV of 1860), S. 362/34. Abdul Ghani v. Emperor 29 I L R 412; Nur Hussain v. Emperor A I R 1931 Lah. 767 ; Rafique-ud-Din Ahmad and others v. Emperor ,A I R 1935 Cal. 184: Sanyashi Gain and others v. Emperor A I R 1937 Cal. 269 ; Executive Officer, Municipal Board, Ghaziabad v. Harsaran Das A I R 1940 All. 19; Abdus Sattar v. The Crown P L D 1954 F C 120 ; The State v. Karam Ali 1968 P Cr. L J 1707 and Muhammad Ali v. The State and 2 others 1970 P Cr. L J 1182 distinguished. Ramchandra Naik and another v. Emperor A I R 1947 Pat. 428 ; Edward Ezra and others v. The State A I R 1953 Cal. 263 and In re: Govilan A I R 1958 Mad. 286 ref. (b) Criminal Procedure Code (V of 1898) Ss. 561-A & 439-Quashment of proceedings-Retrial-Delay in prosecution-Proceed ings against petitioners pending for last 10 years-Delay in finalisa tion of case, held, by itself no deciding factor in ordering or not ordering retrial-offence charged being of gravest kind, i.e., murder, petitioners ordered to be retried by competent Court in ends of justice Penal Code (XLV of 1860), S. 302/34. Date of hearing : 11th May 1971.   JUDGMENT The petitioner Feroze Khan has prayed for quashment of the proceedings pending against him and his two co-accused, Muhammad Husain and Ghulam Mustafa, under section 302/34 of the Pakistan Penal Code in the Court of the Additional Sessions Judge at Sargodha. 2. The offence relates to the year 1961. In the year 1963 the accused persons were committed to stand their trial before the Court of Session when the case was withdrawn from the regular Courts by an order made by the. Deputy Commissioner, Sargodha, on the 9th of April 1963, and referred for trial to a counsel of Elders under the Frontier Crimes Regulation. The Council of Elders found the accused persons guilty under sections 302/34 and 397/34 of the Pakistan Penal…