1997 PLP 364 (SCMR)
KHASTA KHAN and others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent
| Citation | 1997 PLP 364 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Munir Khan and Mukhtar Ahmed Junejo, JJ |
| Parties | KHASTA KHAN and others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1997 PLP 364 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 364 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Munir Khan and Mukhtar Ahmed Junejo, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 364 (SCMR) (KHASTA KHAN and others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Muzaffarul Haque, instructed by Faizanul Haq, Advocate on‑Record for Petitioners.
- Date of hearing: 2nd April, 1995.
Headnotes / Summary
(On appeal from the Order of High Court of Sindh at Karachi, dated 22‑8‑1994 passed in Criminal Miscellaneous No.440 of 1992). (a) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 447/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Petition dismissed for non‑prosecution by High Court‑‑‑Petition for leave to appeal‑‑‑None from the petitioner's side had entered appearance before the High Court in the petition for quashiug of proceedings on even three previous dates‑‑‑High Court, therefore, had no option but to dismiss the application for non‑prosecution for which there was no legal bar‑‑‑Leave to appeal was refused accordingly. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 561‑A‑‑‑Penal Code (XLV of 1860), S. 447/34‑‑‑Dismissal of application for non‑prosecution‑‑‑No legal bar exists for the dismissal of a criminal miscellaneous application for non‑prosecution. Nemo for the State.
Judgment & Decree
(b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 561‑A‑‑‑Penal Code (XLV of 1860), S. 447/34‑‑‑Dismissal of application for non‑prosecution‑‑‑No legal bar exists for the dismissal of a criminal miscellaneous application for non‑prosecution. Muhammad Muzaffarul Haque, instructed by Faizanul Haq, Advocate on‑Record for Petitioners. Nemo for the State. Date of hearing: 2nd April, 1995. MUHAMMAD MUNIR KHAN, J.‑‑‑This petition arises from the facts that Khasta Khan and three others, the petitioners, filed Criminal Miscellaneous No.440 of 1992 in the High Court of Sindh, Karachi for quashment of proceedings in case F.I.R. No.251/87 P.S. Saddar, Karachi under section 447/34, P.P.C. pending in the Court of S.D.M./Assistant Commissioner, Saddar, Karachi. This application was dismissed by the High Court on 18‑7‑1994‑ for non‑prosecution. The application filed by the petitioners for recalling the order of the dismissal of the Criminal Miscellaneous No. 440/1992 was dismissed by the High Court on 22‑8‑1994. Hence this petition.
2. Learned counsel for the petitioner has been heard. He has failed to justify his absence on the date of hearing before the High Court. The High Court order will show that none from the petitioners' side had entered appearance before the High Court in Criminal Miscellaneous No. 440/92 on three previous dates also. This being the position, we are convinced that there was no option for the High Court but to dismiss the application for non‑prosecution. There is no legal bar for the dismissal of a Criminal Miscellaneous application for non prosecution. Leave to appeal is, therefore, refused, and the petition is dismissed. N.H.Q./K‑286/S Leave refused.