2004 P Cr (PLP)
MUHAMMAD YAQOOB — Appellant Versus THE STATE and 3 others — Respondents
| Citation | 2004 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD YAQOOB — Appellant Versus THE STATE 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 Lahore 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) (MUHAMMAD YAQOOB — Appellant Versus THE STATE and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Tariq Majeed Khan for Respondents.
Headnotes / Summary
S. 417-A
Penal Code (XLV of 1860), Ss.365/337-A(ii)/337-L(ii)/ 148/ 149
After submission of challan in the case, charge was framed and supplementary challan was submitted after about one year from submission of earlier challan and Trial Court on basis of said supplementary challan, acquitted the accused
Court, after taking cognizance, could take a supplementary challan as an additional evidence, .but same could not be made a basis for discharge or acquittal of accused
Order acquitting accused having no sanctity, was not sustainable
Acquittal order was set-aside and case was remanded to Trial Court to be re-decided after hearing parties.
Judgment & Decree
S. 417-A
Penal Code (XLV of 1860), Ss.365/337-A(ii)/337-L(ii)/ 148/ 149
After submission of challan in the case, charge was framed and supplementary challan was submitted after about one year from submission of earlier challan and Trial Court on basis of said supplementary challan, acquitted the accused
Court, after taking cognizance, could take a supplementary challan as an additional evidence, .but same could not be made a basis for discharge or acquittal of accused
Order acquitting accused having no sanctity, was not sustainable
Acquittal order was set-aside and case was remanded to Trial Court to be re-decided after hearing parties. Naveed Inayat Malik for Appellant. Tariq Majeed Khan for Respondents. Date of hearing: 7th October, 2003. MIAN MUHAMMAD NAJUM-UZ-ZAMAN, J
Appellant is the complainant of case F.I.R. No.234 of 1999, dated 7-7-1999 undo coons 365/337-A(ii)/337-L(ii)/148/149, P.P.C. registered at Police Station, Kahna, District Lahore. Through this appeal order, dated 1-9-2000 passed by Magistrate Section 30 Model Town, Lahore has been challenged. This order reveals that learned trial Court on receipt of supplementary challan had discharged/acquitted Ali Ahmad, Liaqat Ali and Abdul Rehman while agreeing with the police findings. Record of this case reveals that after the submission of challan in the above said case, charge was framed on 16-9-1999 and, supplementary challan was submitted on 14-9-2000. Thereafter the trial court on the basis of supplementary challan while agreeing with the Police findings passed the impugned order. It is well-settled that after taking the cognizance, Court can take supplementary challan as an additional evidence but the same cannot be made a base for discharge on acquittal of accused. The impugned order has no sanctity and is not sustainable. In this view of the matter, the impugned order, dated 14-9-2000 is set aside and the case stands remanded to the trial Court to re-decide the matter. The matter shall be decided after hearing both the parties keeping in view the factual aspect of the case. With this observation, this appeal is allowed and stands disposed of. H.B.T./M-2405/L Case remanded.