2008 PLP 177 (MLD)
MUHAMMAD HASHIM — Petitioner Versus PRESIDING OFFICER and 6 others — Respondents
| Citation | 2008 PLP 177 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAD HASHIM — Petitioner Versus PRESIDING OFFICER and 6 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 PLP 177 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 177 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 177 (MLD) (MUHAMMAD HASHIM — Petitioner Versus PRESIDING OFFICER and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Art.199---Criminal Procedure Code (V of 1898), S.249-A---Constitutional petition---Quashing of proceedings---Counsel for petitioner had stated that he had moved application under S.249-A, Cr.P.C. but the trial Court had not decided the same; and the said court had no jurisdiction to try the offence---Validity---Petitioner. had already invoked the jurisdiction of the Trial Court for his acquittal---Point of jurisdiction and application under S.249-A, Cr.P.C., were yet to be decided by the trial Court---Adequate remedy, in circumstances, was available with the petitioner which had already been availed---Trial Court was directed by High Court to decide the point of jurisdiction and application under S.249-A, Cr.P.C. within a period of one month.
- Syed Muhammad Kazim for Petitioner.
- Muhammad Saleem Samo for Respondents No.4.
- REHMAT HUSSAIN JAFFERI, J.---The petition has been filed for the quashment of the proceedings pending before the Special Court (Offences in Banks) Sindh at Karachi arising out of F.I.R. No.1/2001. The learned Advocate for the petitioner has stated that he had moved application under section 249-A, Cr.P.C. but the trial Court has not decided the same and that the trial Court has no jurisdiction to try the offence.
Headnotes / Summary
Art.199
Criminal Procedure Code (V of 1898), S.249-A
Constitutional petition
Counsel for petitioner had stated that he had moved application under S.249-A, Cr.P.C. but the trial Court had not decided the same; and the said court had no jurisdiction to try the offence
Petitioner. had already invoked the jurisdiction of the Trial Court for his acquittal
Point of jurisdiction and application under S.249-A, Cr.P.C., were yet to be decided by the trial Court
Adequate remedy, in circumstances, was available with the petitioner which had already been availed
Trial Court was directed by High Court to decide the point of jurisdiction and application under S.249-A, Cr.P.C. within a period of one month.
Judgment & Decree
REHMAT HUSSAIN JAFFERI, J.
The petition has been filed for the quashment of the proceedings pending before the Special Court (Offences in Banks) Sindh at Karachi arising out of F.I.R. No.1/2001. The learned Advocate for the petitioner has stated that he had moved application under section 249-A, Cr.P.C. but the trial Court has not decided the same and that the trial Court has no jurisdiction to try the offence. From the above position, it is clear that the petitioner has already invoked the jurisdiction of the trial Court for acquittal of the petitioner. The point of jurisdiction and the application under section 249-A, Cr.P.C. are yet to be decided by the trial Court as such adequate remedy is available with the petitioner which he has already availed. In the circumstances, the trial Court is directed to decide the point of jurisdiction and the application under section 249-A, Cr.P.C. within a period of one month. The petition is disposed of in the above terms. H.B.T./M-165/K Order accordingly.