1999SCMR2284 (PLP)
MUHAMMAD AFZAL — Petitioner Versus THE STATE and another — Respondents
| Citation | 1999SCMR2284 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Abdul Rehman Khan, JJ, |
| Parties | MUHAMMAD AFZAL — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1999SCMR2284 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR2284 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Abdul Rehman Khan, JJ,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999SCMR2284 (PLP) (MUHAMMAD AFZAL — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Ghulam Bari Salimi, Advocate Supreme Court instructed by S. Abul Asim Jafri, Advocate Supreme Court for Petitioner.
- Mian Abdul , Qayyum Anjum, Advocate Supreme Court for Respondents.
- Date of hearing: 4th January, 1999.
Headnotes / Summary
(On appeal from the judgment, dated 7-10-1998, passed by Lahore High Court, Lahore, in Criminal Revision No.245 of 1996).
S. 302/34
Constitution of Pakistan (1973), Art. 185(3)
State case and the complaint case
Challan case as well as the complaint case arising out of the same F.I.R. were directed to be consolidated and the proceedings in relation thereto to be taken up in one trial
Petitioner was consequently directed to be supplied with the necessary documents pursuant to the submission of police report under S. 173, Cr.P.C. before the commencement of the trial, as contemplated by S.265-C, Cr.P.C.
Petition for leave to appeal was converted into appeal and allowed accordingly.
Judgment & Decree
IRSHAD HASAN KHAN, J.
This petition for leave to appeal is directed against the judgment, of the Lahore High Court, dated 7-10-1998, passed in Criminal Revision No.245 of 1996.
2. Brief facts are that the petitioner moved an application, dated 21-7-1996, before the trial Court praying that complaint case as well as the challan case, arising out of F.I.R. No.416, dated 15-9-1992, Police Station, Kasur, for offences under section 302/34, P.P.C., be consolidated and tried together. The application was rejected by the learned Additional Sessions Judge vide order, dated 21-7-1996. The revision filed by the petitioner against the said order was also dismissed.
3. We have heard the learned counsel for the parties and perused the impugned judgment. Learned counsel for the petitioner, respondent/caveator as well as the State, agree that the challan case as well as the complaint case be consolidated and proceedings in relation thereto be taken up in one trial. It is also agreed that the petitioner shall be supplied with the necessary documents pursuant to the submission of police report under section 173, Cr.P.C. before the commencement of the trial, as contemplated by section 265-C, Cr.P.C.
4. Resultantly, we convert this petition into appeal and modify the impugned order in the terms indicated above. N.H.Q./M-321/S Appeal allowed.