| Citation(s) |
|---|
| 1962 SLG 2939 = 1962 SLD 2939 = 1962 PLD 558 |
Lahore High Court
Criminal Original No. 1 of 1962, decided on 24th April 1962.
Presented By: Shabir Ahmad, J
M. A. Rahman, Ijaz Husain Batalvi and S. M. Husain for Complainant. Mahmud Ali and S. M. Zafar for Accused. Norman Edmunds as amicus curiae. Dates of hearing : 21st, 22nd, 24th, 26th 27th, 28th, 29th, 30th and 31st of March 1962,
Criminal Original No. 1 of 1962, decided on 24th April 1962.
Presented By: Shabir Ahmad, J
M. A. Rahman, Ijaz Husain Batalvi and S. M. Husain for Complainant. Mahmud Ali and S. M. Zafar for Accused. Norman Edmunds as amicus curiae. Dates of hearing : 21st, 22nd, 24th, 26th 27th, 28th, 29th, 30th and 31st of March 1962,
Syed ALI NAWAZ SHAH GARDEZI-Complainant
VERSUS
LT.-COL. MUHAMMAD YUSUF KHAN, COMMISSIONER, QUETTA DIVISION-Accused
Law: Criminal Procedure Code (V of 1898)
Section: S. 352
Law: Penal Code (XLV of 1860)
Section: S. 494
Extraordinary Original Criminal Jurisdiction-(High Court of West Pakistan)-Complaint instituted before Additional District Magistrate-Transferred, by High Court, en complainant's application [S.526, Criminal Procedure Code (V of 1898)] to itself, for trial, while complainant had not yet been examined by Additional District Magistrate, under S. 200, Criminal Procedure Code (V of 1898)-Trial held by High Court, whether in exercise of "Extraordinary Original, Criminal Jurisdiction"-Letters Patent (Lahore), cl. 17. Criminal Procedure Code (V of 1898), S. 352-"Open Court"-[Trial in High Court (accused, Commissioner of a Division) under Ss. 497 & 498, P. P. C.]-Complainant's request for trial being held in a camera, declined. Criminal Procedure Code (V of 1898), S. 204-Accused called upon (by High Court) "by notice", instead of "summon" or "warrant", to appear to answer complaint under Ss. 497 & 498, P. P. C. transferred to itself from Court of Additional District Magistrate-(Accused, Commissioner of a Division). Penal Code (XLV of 1860), S. 494-First complaint under Ss. 497 & 498, Penal Code (XLV of 1860)-Subsequent complaint under S. 494-Hearing of later complaint postponed till after disposal of earlier complaint. Criminal trial-Witnesses for prosecution-Some recalled more than once for examination and cross-examination-Witnesses summoned on more than one application, by complainant, accused - Criminal Procedure Code (V of 1898), Ss. 252, 257. Criminal Procedure Code (V of 1898), S. 342-Accused examined on "six" occasions, three of which related to statements of a formal nature. Criminal Procedure Code (V of 1898), S. 342-Accused cannot be called upon to answer any question at beginning of proceedings-Not allowed to file "written statement" at such stage. Evidence Act (I of 1872), S. 122-Wife's answer to husband's inquiry about "love letter" written by third person to wife-Husband not permitted to disclose in prosecution of third person for adultery-Husband's statement re such answer recorded in…