1987 PLP 818 (MLD)
SHADA and others — Petitioners Versus SARFRAZ and others — Respondents
| Citation | 1987 PLP 818 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Riaz Ahmad, J |
| Parties | SHADA and others — Petitioners Versus SARFRAZ and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 818 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 818 (MLD)?
The case was heard and decided by the Lahore bench comprising: Riaz Ahmad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 818 (MLD) (SHADA and others — Petitioners Versus SARFRAZ and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Muhammad Ali Zaidi for Petitioners.
- M. Asghar Khan Ropri for Respondents.
Headnotes / Summary
S.17(4)--Constitution of Pakistan (1973), Art. 199--Complaint- Complaint dealt with by Additional Sessions Judge in absence of Sessions Judge--Additional Sessions Judge in absence of Sessions Judge empowered under S.17(4), Cr.P.C., to deal with only urgent applications--Order of Additional Sessions Judge set aside and complaint ordered to be sent to Sessions Judge for dealing with it afresh in accordance with law.--[Complaint]. Khalil Ramdey, A.-G. Punjab for the State.
Judgment & Decree
Writ Petition No.1120 of 1987, decided on 18th April, 1987.
S.17(4)--Constitution of Pakistan (1973), Art. 199--Complaint- Complaint dealt with by Additional Sessions Judge in absence of Sessions Judge--Additional Sessions Judge in absence of Sessions Judge empowered under S.17(4), Cr.P.C., to deal with only urgent applications--Order of Additional Sessions Judge set aside and complaint ordered to be sent to Sessions Judge for dealing with it afresh in accordance with law.--[Complaint]. Syed Muhammad Ali Zaidi for Petitioners. Khalil Ramdey, A.-G. Punjab for the State. M. Asghar Khan Ropri for Respondents. Learned Advocate-General has very ably argued this case and has drawn my attention to the provision of section 17(4), Cr.P.C. Learned Advocate-General has frankly conceded that under the aforesaid provision an Additional Sessions Judge in the absence of a Sessions Judge should have only dealt with an urgent application. Since issue involved in this case is a complaint therefore, according to the Advocate-General the same should not have been dealt and considered as an urgent application. There is substance in the contention of the learned A.-G. and accordingly the order impugned is hereby set aside. The complaint shall now be sent to the Session; Judge, who shall deal with the matter afresh in accordance with law. M.Y.H./S-81/L Order accordingly