| Citation(s) |
|---|
| 1957 SLG 90 1957 SLD 90 1957 PLD 837 |
Lahore High Court
Criminal Miscellaneous Petition No. 605 of 1957, decided opt 2nd September 1957, under section 561-A, Criminal P. C. DATE of hearing : 30th August 1957
MUHAMMAD SHAFI, J
Tassaddaq Hussain for Petitioner. Mushtaq Hussain, A.A.G. for
Respondent
Criminal Miscellaneous Petition No. 605 of 1957, decided opt 2nd September 1957, under section 561-A, Criminal P. C. DATE of hearing : 30th August 1957
MUHAMMAD SHAFI, J
Tassaddaq Hussain for Petitioner. Mushtaq Hussain, A.A.G. for
Respondent
Malik FAZAL KARIM
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 344,561A
Delay-Criminal case kept pending for nearly five years without doing anything substantial-Proceedings quashed-Abuse of process of law-Criminal Procedure Code (V of 1898), Ss, 344 & 561-A. Held that keeping a criminal case pending fox five long years without doing anything substantial amounted to excessive abuse of process of law and denial of justice, and proceeding the circumstances be quashed. The main purpose for which a criminal trial is held is that the guilty persons should be brought to book soon after the commission of the offence. If the trial takes so long a time as in this case then it is fatal to the case, particularly when it has made no progress whatsoever. "Justice delayed is justice dented is an old and not an empty maxim. The case had crawled slowly along at a snail's pace without any prosecution evidence having been recorded. On one or two occasions, the Public Prosecutor got the case adjourned, because he wanted to study whether the case coui3 be tried by the Special judge, and then whether all the accused persons could be tried at one trial or there should be separate trials for each accused. Two years after the accused had been arrested and the case had been challaned, the Public Prosecution was still in doubt as to how and in which Court the case should proceed. During this period the progress of the case was hampered, because one or the other of the accused could not be had from the Central Jail, Lahore. Rash Behary Karury v. The Corporation of Calcutta A I R 1926 Cal. 102 ; Crown v. Piru P L D 1955 Sind 227 ; Ali Sher v. Mir Muhammad 26 Cr. L J 958 ; Moti Ram Jasa Mal v. Emperor, A I R 1943 Sind 10 ; Agha Nazar Ali v. Emperor A I R 1941 Sind 186 ; Emperor v. Muhammad Ibrahim and others A I R 1942 Cal. 219 ; Jehangir v. Ganga Ram 10 Sind L R 148 and Criminal Miscellaneous No. 352 of 1957 (unreported case) ref. JUDGMENT MUHAMMAD SHAFI, J.------On tile 8th of June 1952, a report was lodged in Rawalpindi Cantonment Police Station that while investigating Case No. 265, had transpire, that Ghulam Muhayuddin and Muhammad Bashir, with the assistance of one Abdur Rashid, had forged certain records of the retired Military officials, and liar…
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