1983 P Cr (PLP)
NOOR ELAHI AND 4 OTHERS‑Applicants Versus THE STATE AND ANOTHER‑‑Respondents
| Citation | 1983 P Cr (PLP) |
| Forum / Court | |
| Bench Members | Abdul Hayee Kureshi, Actg. C J |
| Parties | NOOR ELAHI AND 4 OTHERS‑Applicants Versus THE STATE AND ANOTHER‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑ |
Q1: What are the key laws and sections cited in 1983 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 P Cr (PLP)?
The case was heard and decided by the bench comprising: Abdul Hayee Kureshi, Actg. C J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 P Cr (PLP) (NOOR ELAHI AND 4 OTHERS‑Applicants Versus THE STATE AND ANOTHER‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Moinuddin Ahmad for Petitioner.
Headnotes / Summary
‑‑Ss. 561‑A & 249‑A‑Quashing of proceedings‑Petitioner seeking quashing of proceedings on account of delay in examination of sole eye‑witness‑Trial Court directed to examine witness and if not available dispose of application under S. 249‑A within three months from date of communication of order.
Judgment & Decree
Moinuddin Ahmad for Petitioner. It was pointed out to the learned Advocate that according to the deposition of Muhammad Salim, perhaps the only eye‑witness to the incident is Muhammad, and the said Muhammad not having been examined yet, no order could be passed one way or the other. In these circumstances, Mr. Moinuddin made a grievance of the delay in the disposal of the case. Looking to the nature of the allegations, and the stage of the case, I am not inclined to admit this petition, and even Mr. Moinuddin desires to withdraw the same, subject to the following directions :‑ (1) That the trial Court shall examine P. W. Muhammad forthwith and if the said witness is not available, the trial Court shall consider the Application under section 249‑A, Cr. P. C. which has been made by the petitioner, and is pending before the Magistrate. (2) It shall be satisfactory if the deposition of Muhammad is recorded, but if he is not available, then the Application under section 249‑A, Cr.P.C. is disposed of within three months from the date this order is communicated to the Magistrate. The application is dismissed but subject to above observations. M.A.K. Order accordingly.