2003 P Cr (PLP)
THE STATE — Appellant Versus Rao JAVAID IQBAL — Respondent
| Citation | 2003 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | THE STATE — Appellant Versus Rao JAVAID IQBAL — Respondent |
Q1: What are the key laws and sections cited in 2003 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 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: 2003 P Cr (PLP) (THE STATE — Appellant Versus Rao JAVAID IQBAL — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- ----S. 492---Appeal filed by Assistant Advocate-General ---Competency-- Appeal filed by Assistant Advocate-General was objected to on the ground that Assistant Advocate General being not Public Prosecutor in terms of provisions of S.492, Cr.P.C. was not competent to file appeal-- Validity---Both Advocate-General and Assistant Advocate-General had duly been notified as Public Prosecutors through notifications---Assistant Advocate-General having duly been notified as Public Prosecutor, could competently file the appeal---Objection with regard to competency of appeal was overruled.
- Muhammad Sharif Bhatti for Respondent.
- 2. We have heard the learned counsel at length. One of us (Iftikhar Hussain Chaudhry, J.), while sitting in Single Bench has, held in State v. Rana Muhammad Saleem 2001 PCr.LJ 1465 that Advocate-General, Punjab and Assistant Advocate-General in Punjab are duly notified Public Prosecutors. Reliance in this regard is placed on Punjab Government Notification Home-Judl.No.1224-J-37/13344, dated 3-4-1937 and Punjab Government Notification No.3727-J-39/21757, dated 23-6-1938. The Government of West Pakistan vide Notification No.861-Law, dated 4-10-1955 had notified the Assistant Advocates-General, Punjab to be Public Prosecutors generally for West Pakistan in terms of provisions of section 492 of Code of Criminal Procedure, 1898.
- 3. We have considered the arguments advanced at the bar and we are of the considered view that Assistant Advocates-General in Punjab are duly notified Public Prosecutors under section 492, Cr.P.C. who can competently file the appeals. The Government of Punjab has authorized the Assistant Advocate-General in this case to file the appeal. The appeal was competently filed.
Headnotes / Summary
S. 492
Appeal filed by Assistant Advocate-General
Competency-- Appeal filed by Assistant Advocate-General was objected to on the ground that Assistant Advocate General being not Public Prosecutor in terms of provisions of S.492, Cr.P.C. was not competent to file appeal-- Validity
Both Advocate-General and Assistant Advocate-General had duly been notified as Public Prosecutors through notifications
Assistant Advocate-General having duly been notified as Public Prosecutor, could competently file the appeal
Objection with regard to competency of appeal was overruled.
Judgment & Decree
State v. Rana Muhammad Saleem 2001 PCr.LJ 1465 ref. Mian Muhammad Bashir, A.A.-G. for the State. Muhammad Sharif Bhatti for Respondent. This appeal has been posted for consideration of a preliminary objection raised by the respondent which is in terms that appeal has been filed by the A.A.-G., Punjab who was not a Public Prosecutor in terms of provisions of section 492, Cr.P.C. and appeal was filed incompetently and unauthorizedly.
2. We have heard the learned counsel at length. One of us (Iftikhar Hussain Chaudhry, J.), while sitting in Single Bench has, held in State v. Rana Muhammad Saleem 2001 PCr.LJ 1465 that Advocate-General, Punjab and Assistant Advocate-General in Punjab are duly notified Public Prosecutors. Reliance in this regard is placed on Punjab Government Notification Home-Judl.No.1224-J-37/13344, dated 3-4-1937 and Punjab Government Notification No.3727-J-39/21757, dated 23-6-1938. The Government of West Pakistan vide Notification No.861-Law, dated 4-10-1955 had notified the Assistant Advocates-General, Punjab to be Public Prosecutors generally for West Pakistan in terms of provisions of section 492 of Code of Criminal Procedure, 1898.
3. We have considered the arguments advanced at the bar and we are of the considered view that Assistant Advocates-General in Punjab are duly notified Public Prosecutors under section 492, Cr.P.C. who can competently file the appeals. The Government of Punjab has authorized the Assistant Advocate-General in this case to file the appeal. The appeal was competently filed.
4. The preliminary objection raised on behalf of the respondents is hereby overruled.
5. Main case be posted for hearing in due course. Some of the appeals are to be heard alongwith appeals of convicts. All the matters shall, be posted for hearing after preparation of paper books. H.B.T./S-599/L Objection overruled.