| Citation(s) |
|---|
| 1985 SLG 843 1985 SLD 843 1985 SCMR 963 |
Supreme Court of Pakistan
Criminal Appeal No. 31 of 1980, decision dated: 9-02-1985.(On appeal from the Judgment and order of Lahore High Court, dated 16-5-1979 in Cr. Rev. No.542 of 1978)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND MIAN BURHANUDDIN KHAN, JJ
Raja Muhammad Anwar, Senior Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Appellant. Sh. Masud Akhtar Advocate-on-Record for
Respondent No. 2. Mian. Nusratullah, Advocate Supreme Court for the State.
Criminal Appeal No. 31 of 1980, decision dated: 9-02-1985.(On appeal from the Judgment and order of Lahore High Court, dated 16-5-1979 in Cr. Rev. No.542 of 1978)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND MIAN BURHANUDDIN KHAN, JJ
Raja Muhammad Anwar, Senior Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Appellant. Sh. Masud Akhtar Advocate-on-Record for
Respondent No. 2. Mian. Nusratullah, Advocate Supreme Court for the State.
Syed IKRAM GARDEZI
VS
THE STATE and another
Law:
Section:
Constitution of Pakistan (1973)---Art.185(3)--Criminal Procedure Code (V of 1898), S.94--Production of documents--Leave granted to consider whether an accused person can be directed to produce documents which would incriminate him in a case pending against him before a Court--Appellant having agreed to produce documents available with him, examination of plea that accused should not be compelled to incriminate himself, not necessary--Appeal disposed of accordingly. JUDGMENT M. BURHANUDDIN KHAN, J.-- Leave was granted by this Court per order, dated 15-3-1980 to consider whether an accused person can be directed to produce documents which would incriminate him in a case pending against him before a Court. 2. This appeal is directed against an interim order, dated 12-7-1978 passed by M.I.C. in a complaint case under section 406/408, P.P.C. and section 282 of the Companies Act. Revision filed against the said order was dismissed by a learned Judge of the Lahore High Court vide order, dated 16-5-1979. 3. A complaint under section 406/408, P.P.C. read with section 282 of the Companies Act was filed by respondent No.2. Alongwith it she filed two applications under section 94, Cr.P.C. seeking an order against the accused /appellant for production of documents and record detailed in the said application. The other application was filed seeking production of the complete file containing returns, resolutions, applications, Memorandum of Articles of Association etc. from the Office of the Registrar Joint Stock Companies, Lahore. The former application mentioned the following documents:- (1) Memorandum and Articles of Association of Rahim Jan & Company (Unlimited) Cortificate of incorporation. (2) Form E of Rahim Jan & Company (Unlimited), dated 31-8-1969. (3)Form XII (false declaration made on 15-2-1974). (4) Special Resolution of Form VIII (showing that the name of Rahim Jan & Company (Unlimited) has been changed to 'Gardezi & Associates'. (6) Fresh Memorandum and Articles of Association in the name of Gardezi & Associates. (7) Register of Members. (8) Annual list of Members Register. (9) Minute Book of General Meetings and Directors' Meetings. (10)…
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