2004 P Cr (PLP)
KHANZADA and another — Petitioners Versus ASSISTANT POLITICAL AGENT F.R., KOHAT and 3 others — Respondents
| Citation | 2004 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | KHANZADA and another — Petitioners Versus ASSISTANT POLITICAL AGENT F.R., KOHAT and 3 others — Respondents |
Q1: What are the key laws and sections cited in 2004 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 P Cr (PLP) (KHANZADA and another — Petitioners Versus ASSISTANT POLITICAL AGENT F.R., KOHAT and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Wali Khan Afridi for Petitioners.
- Abdul Latif Afridi and Sardar Shaukat Hayat, D.A.G. for Respondents.
Headnotes / Summary
Ss. 9(b) & 8(3)(d)
Constitution of Pakistan (1973), Art.199-- Constitutional petition
Arrest of petitioners in execution of money decree
Decree for recovery of money passed against the petitioners having attained finality, they had been arrested during execution proceedings on a warrant issued under S.9(b) of the Frontier Crimes Regulation, 1901
Decree passed under S.8, subsection (3) clause (d) of the said Regulation had the same effect as a decree of a Civil Court of ultimate resort and was to be enforced in the same manner as a decree of Civil Court
Petitioners had already been released on Fail by High Court
Decree-holder was neither interested nor he pressed for the arrest of the petitioners, provided they appeared before the Executing Authority in connection with the execution proceedings
Since decree against the petitioners was not denied by them they could not escape from its execution
Executing Authority, therefore, was directed to proceed with the execution proceedings strictly in accordance with law-- Arrest being not the underlying object of execution of the decree, if the Executing Authority felt that the decree could more effectively be executed by proceeding against the property of the judgment debtors in the settled area then it would be more appropriate and akin to the object of execution of decree to send it for its execution to the Court/Authority where their property was situated and to avoid their unnecessary arrest
Constitutional petition was disposed of accordingly.
Judgment & Decree
Writ Petition No. 1173 of 2003, decided on 23rd December, 2003.
Ss. 9(b) & 8(3)(d)
Constitution of Pakistan (1973), Art.199-- Constitutional petition
Arrest of petitioners in execution of money decree
Decree for recovery of money passed against the petitioners having attained finality, they had been arrested during execution proceedings on a warrant issued under S.9(b) of the Frontier Crimes Regulation, 1901
Decree passed under S.8, subsection (3) clause (d) of the said Regulation had the same effect as a decree of a Civil Court of ultimate resort and was to be enforced in the same manner as a decree of Civil Court
Petitioners had already been released on Fail by High Court
Decree-holder was neither interested nor he pressed for the arrest of the petitioners, provided they appeared before the Executing Authority in connection with the execution proceedings
Since decree against the petitioners was not denied by them they could not escape from its execution
Executing Authority, therefore, was directed to proceed with the execution proceedings strictly in accordance with law-- Arrest being not the underlying object of execution of the decree, if the Executing Authority felt that the decree could more effectively be executed by proceeding against the property of the judgment debtors in the settled area then it would be more appropriate and akin to the object of execution of decree to send it for its execution to the Court/Authority where their property was situated and to avoid their unnecessary arrest
Constitutional petition was disposed of accordingly. Syed Khalid Bacha v. Deputy Commissioner, Mardan and 6 others 2002 PCr.LJ 1390 distinguished. Wali Khan Afridi for Petitioners. Abdul Latif Afridi and Sardar Shaukat Hayat, D.A.G. for Respondents. Date of hearing: 9th December, 2003.