1997 P Cr (PLP)
ABDUL GHAFOOR — Petitioner Versus THE STATE — Respondent
| Citation | 1997 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ABDUL GHAFOOR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1997 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 P Cr (PLP) (ABDUL GHAFOOR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.M. Idrees for Petitioner. Noor Muhammad Kasir Kalyar for the State. Mian Ghulam Hussain for Respondent No. 1.
Headnotes / Summary
Ss. 526, 190(1)(c) & 191
Penal Code (XLV of 1860), S. 324/337/447/511/ 148/149
Contention, was that Trial Court after recording some evidence proceeded to issue process under S.190(a)(c), Cr.P.C. against some of the accused who had not been challaned and Court in such circumstances was duty bound to ask the accused if they wanted the Trial Court to continue with the case which was the mandatory requirement of S.191, Cr.P.C.
Case pending before the Trial Court was ordered to be transferred to any other Court of competent jurisdiction in circumstances.
Judgment & Decree
Criminal Miscellaneous No. 176/T of 1996, decided on 2nd October, 1996. Criminal Procedure Code (V of 1898)
Ss. 526, 190(1)(c) & 191
Penal Code (XLV of 1860), S. 324/337/447/511/ 148/149
Contention, was that Trial Court after recording some evidence proceeded to issue process under S.190(a)(c), Cr.P.C. against some of the accused who had not been challaned and Court in such circumstances was duty bound to ask the accused if they wanted the Trial Court to continue with the case which was the mandatory requirement of S.191, Cr.P.C.
Case pending before the Trial Court was ordered to be transferred to any other Court of competent jurisdiction in circumstances. S.M. Idrees for Petitioner. Noor Muhammad Kasir Kalyar for the State. Mian Ghulam Hussain for Respondent No.
1. This is an application seeking transfer of trial pending before Mr. Javed Mehmood Sindhu, Civil Judge/Magistrate Section 30, Nankana Sahib, to any other Court of competent jurisdiction. The only ground taken by the learned counsel for the petitioner is that some of the accused were not challaned. Learned trial Court after recording some evidence proceeded to issue them process under section 190(c), Cr.P.C. and in such circumstances that Court was duty bound to ask the accused if they wanted the trial Court to continue with the case. This is the requirement of section 191, Cr.P.C. which is of mandatory nature. In these circumstances and after hearing the learned counsel for the respondent as well the application is accepted. The case titled The State v. Ghafoor and others bearing F.I.R. No.162, dated 30-5-1995 registered with Police Station Saddar, Nankana Sahib, District Sheikhupura for offences under section 324/337/447/511/148/149, P.P.C. is ordered to be transferred from the Court of Mr. Javed Mehmood Sindhu, Civil Judge/Magistrate Section 30, Nankana Sahib, to any other Court of competent jurisdiction. The file shall be sent to District and Sessions Judge, Sheikhupura who shall entrust the case to any other Court of competent jurisdiction at Nankana Sahib. It is also directed that the trial Court shall conclude the trial without fail within six months with report to this Court through Deputy Registrar (Judicial). The petition is disposed of. N. H. Q./A-119/L Case transferred