Case Details

Citation(s)
1990 SLG 650 1990 SLD 650 1990 SCMR 498
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No.106-R of 1988, decision dated: 4-07-1989.
NASIM HASAN SHAH AND S. USMAN ALI SHAH, JJ
Syed Zafar Ali Shah, Advocate Supreme Court and Ch. Ghulam Dastagir, Advocate-on-Record for Petitioners. Nemo for
Respondents.

MUHAMMAD YOUNUS and others

VS

MUNEER AHMAD and others--Respondents

Law:

Section:

Criminal Procedure Code (V or 1898)------Ss.203, 439-A, 436 & 561-A---Constitution of Pakistan (1973), Art.185(3)--­Trial Court dismissed private complaint under S.203, Cr.P.C.---Additional Sessions Judge set aside order in revision under S.439-A, Cr.P.C. and remanded case to make further probe into the matter---Order of remand was challenged before High Court under Ss.439 & 561-A, Cr.P.C.---High Court dismissed petition being incompetent---Contention that High Court under Ss.439, 561-A, Cr.P.C. had wrongly dismissed petition treating it as a second revision and High Court while ignoring S.439-A, Cr.P.C. could have also decided application under S.561-A, Cr.P.C.---Leave to appeal granted to consider the points in the petition and contention raised by petitioners in support thereof. ORDER S. USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners against the judgment and order of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 2-11-1988, passed in Criminal Revision No.100 of 1987. The facts in brief are that on 19-4-1987 an F.I.R. was registered at the instance of Javed Akhtar respondent No.4 under section 307/34, P.P.C. read with section 15/20/65, A.O. against Safeer Ahmed, Gul Zamir, Jalil and Hanif. Muneer Ahmed respondent No.l, the real brother of Safeer Ahmed accused filed cross-complaint of the same occurrence regarding the injuries suffered by Safeer Ahmed and Gul Zamir in the Court of Magistrate, Islamabad on 28-4-1987. The learned Magistrate after recording the preliminary evidence dismissed the complaint vide his order dated 24-4-1987. Munir Ahmed respondent No.1 filed revision against the order of the Magistrate before the Court of the Additional Sessions Judge, Islamabad under section…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492