| Citation(s) |
|---|
| 1981 SLG 3189 = 1981 SLD 3189 = 1981 PLD 573 |
Supreme Court of Pakistan
Criminal Appeals Nos. 56 and 57 of 1979, decided on 11th August, 1981. (On appeal from the judgment dated 29-4-1979 of the Lahore High Court in Cr. Revn. No. 639/77).
Presented By: Nasim Hasan Shah and Shaji-ur-Rehman, JJ
M. Bilal, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on. Record for Appellant (in Cr. A. 56 of 1979). Rashid Az1z, Additional Advocate-General (Punjab) and Ijaz Ali, Advocate-on-Record (absent) for
Respondent No. 1 (in Cr. A. 56 of 1979). Wajid Hussain, Advocate-on-Record (absent) for
Respondent No. 2 (in Cr. A. 56 of 1979). Rashid Aziz, Additional Advocate-General (Punjab) and Ijaz Ali, Advocate-on-Record (absent) for Appellant (in Cr. A. 57 of 1979). M. Bilal, Advocate Supreme Court and Ch. Akhtar Ali, Advocats-op. Record for
Respondent No. 1 (in Cr. A. 57 of 1979). Nemo for
Respondent No. 2 (in Cr. A. No. 57/79).
Criminal Appeals Nos. 56 and 57 of 1979, decided on 11th August, 1981. (On appeal from the judgment dated 29-4-1979 of the Lahore High Court in Cr. Revn. No. 639/77).
Presented By: Nasim Hasan Shah and Shaji-ur-Rehman, JJ
M. Bilal, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on. Record for Appellant (in Cr. A. 56 of 1979). Rashid Az1z, Additional Advocate-General (Punjab) and Ijaz Ali, Advocate-on-Record (absent) for
Respondent No. 1 (in Cr. A. 56 of 1979). Wajid Hussain, Advocate-on-Record (absent) for
Respondent No. 2 (in Cr. A. 56 of 1979). Rashid Aziz, Additional Advocate-General (Punjab) and Ijaz Ali, Advocate-on-Record (absent) for Appellant (in Cr. A. 57 of 1979). M. Bilal, Advocate Supreme Court and Ch. Akhtar Ali, Advocats-op. Record for
Respondent No. 1 (in Cr. A. 57 of 1979). Nemo for
Respondent No. 2 (in Cr. A. No. 57/79).
Syed MUSHTAQ HUSSAIN SHAH BOKHARI-Appellant
VERSUS
THE STATE AND ANOTHER-Respondents Cr. A. No. 57 of 1979 STATE-Appellant versus Syed MUSHTAQ HUSSAIN BOKHARI AND ANOTHER-Respondents
Law: Criminal Procedure Code, 1898
Section: 197, 265-K
(a) Criminal Procedure Code (V of 1898) S. 197 read with S. 265-K-Sanction for prosecution-Stage of requirement-Prosecution not to be stifled at outset for want of sanc­tion to prosecute-Parties to be allowed to produce their witnesses and if in course of proceedings case appears to be one which could not be tried without sanction of appropriate Government, proceedings have to be stopped and reasonable time given to complainant to file requisite sanction-Question of acquittal under S. 265-K, held; arises only when complainant fails to file sanction within a reasonable time-Contentions as to question of sanction having to be decided first at outset, held further, not correct since in such event defence version would have to be examined first.-[Sanction for prosecution]. Link Iqbal Hussain Siddlqui and 2 others v. The State 1970 S C M R 126 ; Matiar Rehman v. The State P L D 1958 S C (Pak.) 21 and Syed Ahmed v. The State P L D 1958 S C (Pak.) 27 ; Pollard's case A I R 1943 Cal. 594 and Matajog Bobey and others v. H. C. Bhari and others P L D 1957 S C (Ind.) 160 ref. (b) Criminal Procedure Code (V of 1898) Ss. 197 & 265-K-Sanction for prosecution-Relevance of judicial inquiry-Findings in judicial inquiry showing deceased having been killed in Police encounter during execution of official duties by Police ­Held : Relevant piece of evidence and can be considered alongwith other material produced during course of proceedings to assess whether sanction of appropriate Government necessary to continue prosecution of accused, a Police Officer.-[Sanction for prosecution]. Link Date of hearing : 24th June, 1981, JUDGMENT NASIM HASAN SHAH, J.-This judgment will govern two appeals by leave of this Court in a criminal case, namely, Cr. Appeal No. 56 of 1979, filed by Syed Mushtaq Hussain Bokhari and Criminal Appeal 57 of 1979, filed…