1986 PLP 2018 (SCMR)
AKBAR ALI — Petitioner Versus Qazi JAVED AHMAD and others — Respondents
| Citation | 1986 PLP 2018 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ |
| Parties | AKBAR ALI — Petitioner Versus Qazi JAVED AHMAD and others — Respondents |
| Primary Law | (b) Constitution of Pakistan (1973), (a) Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1986 PLP 2018 (SCMR)?
This judgment primarily cites: (b) Constitution of Pakistan (1973), (a) Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 2018 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 2018 (SCMR) (AKBAR ALI — Petitioner Versus Qazi JAVED AHMAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Islam-ul-Haq, Advocate Supreme Court (absent) and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 9th March, 1986.
- Sh. Islam‑ul‑Haq, Advocate Supreme Court (absent) and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(From the judgment/order of the Lahore High Court, Lahore, dated 7-5-1979 passed in Writ Petition No. 1494 of 1979).
Art. 185(3)--Criminal Procedure Code (V of 1898), Ss. 249-A & 435--Case being of general impression, leave to appeal granted to consider questions whether revision by private complainant was competent in State case, and whether Magistrate in proceeding under S. 249-A, Cr.P.C., could take into account finding of Sessions Judge in murder case against same accused in so far as Arms Act case was concerned.
Art. 185(3)--Criminal Procedure Code (V of 1898), S. 249-A--Penal Code (XLV of 1860), S. 302--Revision by private complainant in State case- Competency--Accused under S. 302, P.P.C. and under Arms Act acquitted by Trial Court in murder case and while appeal against acquittal was pending in Supreme Court, was acquitted in case under Arms Act by Magistrate under S. 249-A, Cr.P.C.--Revision dismissed by Sessions Judge on ground that in State case revision by private complainant was not competent--Constitutional petition also failed--Petition for leave to appeal--Questions arising being of general impression and appeal against acquittal in murder case being pending, leave to appeal granted with direction that both cases be heard together.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑This matter is an off‑shoot of a murder case in which ultimately leave to appeal against acquittal (Criminal Petition No. 263 of 1979) having been granted, the appeal is now pending before this Court. There was a separate case under the Arms Act against the respondent in the aforesaid appeal. He was acquitted under 249‑A, Cr.P.C. by the learned Magistrate on the basis of a finding by the Sessions Judge in the other case. The petitioner (complainant) herein filed a revision before the Sessions Judge. It was dismissed on the ground that the revision in State cases could not be filed by a private complainant. The High Court, however, took the view that the revision was competent and further that the learned Magistrate could not take into account the findings of the Sessions Judge in the murder case in so far as the Arms Act case was concerned. However, as the matter was agitated in writ jurisdiction of the High Court, it was dismissed on the ground that the order under 249‑A, Cr.P.C. could be passed by the trial Court as the prosecution had failed to produce evidence. The case is one of general impression. We accordingly grant leave to appeal and direct that the appeal arising out of this petition shall be heard with the appeal arising out of Criminal Petition No. 263 of 1979, on the present record with liberty to the parties to file additional documents, if necessary. M. I Leave granted.