| Citation(s) |
|---|
| 2003 SLG 814 2003 SLD 814 2003 SCMR 59 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 81-P of 2001, decided on 20th March 2002. DATE of hearing: 26th February, 2002. (On appeal from the judgment dated 19-9-2001 of the Peshawar High Court, Peshawar passed in Criminal Revision No. 22 of 2001)
MIAN MUHAMMAD AJMAL AND SARDAR MUHAMMAD RAZA KHAN, JJ
Mir Adam Khan, Advocate Supreme Court for Petitioners. M. Shah Badshah, Advocate Supreme Court and M. Zahoor Qureshi, Advocate-on-Record for
Respondent. Miss Musarat Hilali, Additional Advocate-General, N.W.F.P. for the State
Criminal Petition for Leave to Appeal No. 81-P of 2001, decided on 20th March 2002. DATE of hearing: 26th February, 2002. (On appeal from the judgment dated 19-9-2001 of the Peshawar High Court, Peshawar passed in Criminal Revision No. 22 of 2001)
MIAN MUHAMMAD AJMAL AND SARDAR MUHAMMAD RAZA KHAN, JJ
Mir Adam Khan, Advocate Supreme Court for Petitioners. M. Shah Badshah, Advocate Supreme Court and M. Zahoor Qureshi, Advocate-on-Record for
Respondent. Miss Musarat Hilali, Additional Advocate-General, N.W.F.P. for the State
ZAHOOR and anothers
VS
SAIDULIBRAR and another
Law: Prevention of Corruption Act, 1947
Section: 5
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Criminal Procedure Code (V of 1898)
Section: 203,247,439,561A
(a) Prevention of Corruption Act (II of 1947)--- ----S. 5---Criminal Procedure Code (V of 1898), Ss. 203, 247, 439 & 561-A---Constitution of Pakistan (1973), Art. 185(3)---Non-restoration of the complaint dismissed for non-prosecution---Validity---Order of the Trial Court dismissing the complaint for non-prosecution under-3. 247, Cr.P.C. due to the absence of the complainant in a cognizable and non-compoundable case was void ab initio, patently illegal and utterly without jurisdiction--High Court in such circumstances was competent to set aside the said order under its revisional jurisdiction and also recall and vary the same in exercise of its inherent powers under S. 561-A, Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed in circumstances, orders of the Courts below were set aside, the complaint was restored and the Trial Court was directed to proceed therewith in accordance with law on the merits of the case. Banarus Khan v. The State PLD 1995 Pesh. 103; Syed Manzoor Hussian Shah v. Syed Agha Hussain Naqvi 1983 SCMR 775; Muhammad Khalir-ur-Rehman v. Mst. Shabana Rahman PLD 1995 SC 633; Muhammad Akram v. Haji Mir Aziz Ahmed 2000 PCr.LJ 489 and Pramatha Nath Talukdar v. Saroj Ranjan Sarkdar AIR 1962 SC 876 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.203---Dismissal of compalint---Entertainment of second complaint not barred---Dismissal of a complaint under 5.203, Cr.P.C. does not bar the entertainment of a second complaint on the same facts in exceptional circumstances, e.g., where the previous order was passed on an incomplete record, or on a misunderstanding of the nature of the complaint, or it being manifestly absurd, unjust or foolish or where new facts had been adduced which could not, with reasonable diligence, have been brought on the record in the previous proceedings---Where however, a decision has been given against the complainant upon a full consideration of his case, giving another opportunity to him or any other person for having his complaint enquired into, cannot be in the interest of justice. Pramatha Nath Talukdar v. Saroj Ranjan Sarkdar AIR 1962 SC 876 ref. JUDGMENT SARDAR MUHAMMAD RAZA KHAN,…
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