2012 PLP 193 (SCMR)
Present: Tassaduq Hussain Jillani and Amir Hani Muslim, JJALLAH WASAYA and others — Petitioners Versus SIKANDAR HAYAT and others — Respondents
| Citation | 2012 PLP 193 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani and Amir Hani Muslim, JJALLAH WASAYA and others---Petitioners |
| Parties | Present: Tassaduq Hussain Jillani and Amir Hani Muslim, JJALLAH WASAYA and others — Petitioners Versus SIKANDAR HAYAT and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 193 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 193 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani and Amir Hani Muslim, JJALLAH WASAYA and others---Petitioners.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 193 (SCMR) (Present: Tassaduq Hussain Jillani and Amir Hani Muslim, JJALLAH WASAYA and others — Petitioners Versus SIKANDAR HAYAT and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahid Hussain Khan, Advocate Supreme Court for Petitioners.
- Date of hearing: 13th May, 2011.
Headnotes / Summary
(On appeal from judgment dated 23-2-2011 of the Lahore High Court, Multan Bench, passed in Criminal Miscellaneous No. 1391-M of 2010).
Ss. 30 & 200
Penal Code (XLV of 1860), S. 336
Constitution of Pakistan, Art. 185(3)
Itlaf-i-salahiyyat-i-udw
Non-recording of statement of complainant
Effect
Plea raised by accused was that Trial Court being Magistrate could not proceed with the trial of offence falling within the mischief of S. 336, P.P.C.
Trial Court did not record statement of complainant at the first instance, which was a procedural irregularity warranting interference and it did not warrant dismissal of complaint
High Court had rightly held that in terms of S.30, Cr.P.C. a Magistrate (First-Class) could try all offences except those punishable with death
Supreme Court declined to interfere with the judgment passed by High Court
Leave to appeal was refused. Asjad Javed Ghural, Additional P.-G for the State
Judgment & Decree
The complaint filed by respondent No. 1 has twice been remanded by the learned Additional District and Sessions Judge and this petition has arisen out of the second remand order dated 1-11-2010 vide which the learned Additional District and Sessions Judge exercising revisional jurisdiction remanded the case to the trial Court and directed to rectify the procedural irregularities/ illegalities by recording statement of the complainant in the first instance and thereafter to proceed with the matter.
2. Learned counsel for the petitioner seeks leave on the ground that the learned trial Court had committed an illegality which warranted dismissal of the complaint and further that the learned trial Court being a Magistrate cannot proceed with the trial of an offence falling within the mischief of section 336, P.P.C.
3. Having heard the learned counsel for the petitioner at length, we find that admittedly the learned trial Court did not record the statement of the complainant in the first instance, which was a procedural irregularity warranting interference and it did not warrant dismissal of the complaint. So far as the contention that the Magistrate section 30, cannot try an offence under section 336, P.P.C. is concerned, the learned High Court had adverted to this aspect and held that in terms of section 30, Cr.P.C., a Magistrate First-Class empowered under section 30, Cr.P.C. can try all offences except those 'punishable with death. The afore-referred observation/finding has not been found by us to be against the law declared.
4. For what has been discussed above, we do not find any merit in this petition which is dismissed and leave refused. M.H./A-50/SC Petition dismissed.