1993 P Cr (PLP)
MALOOK HUSSAIN alias MALUKA and 2 others — Petitioners Versus MUHAMMAD NAWAZ and 2 others — Respondents
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MALOOK HUSSAIN alias MALUKA and 2 others — Petitioners Versus MUHAMMAD NAWAZ and 2 others — Respondents |
Q1: What are the key laws and sections cited in 1993 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 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: 1993 P Cr (PLP) (MALOOK HUSSAIN alias MALUKA and 2 others — Petitioners Versus MUHAMMAD NAWAZ and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Khalilur Rehman for Petitioners.
- Syed Zahid Hussain Bokhari for Respondents.
Headnotes / Summary
Arts. 203-DD & 203-G
Criminal Procedure Code (V of 1898), Ss.435/439, 265-K & 561-A
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17
Penal Code (XLV of 1860), S.324/392-- Revisional jurisdiction
Accused were facing trial, inter alia, for an offence under S.17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, and the correctness, legality or propriety of the order of Trial Court dismissing the application of accused moved under S.265-K, Cr.P.C. could under the law be challenged only before the Federal Shariat Court
Revision petition filed by accused against the said order in the High Court was consequently dismissed on the point of jurisdiction.
[Jurisdiction].
Judgment & Decree
Arts. 203-DD & 203-G
Criminal Procedure Code (V of 1898), Ss.435/439, 265-K & 561-A
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17
Penal Code (XLV of 1860), S.324/392-- Revisional jurisdiction
Accused were facing trial, inter alia, for an offence under S.17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, and the correctness, legality or propriety of the order of Trial Court dismissing the application of accused moved under S.265-K, Cr.P.C. could under the law be challenged only before the Federal Shariat Court
Revision petition filed by accused against the said order in the High Court was consequently dismissed on the point of jurisdiction.
[Jurisdiction]. Sh. Khalilur Rehman for Petitioners. Syed Zahid Hussain Bokhari for Respondents. Malook Hussain alias Maluka etc. petitioners were challaned and are facing trial for offences under section 324, P.P.C. read with section 392 ibid and section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. They moved an application under section 265-K, Cr.P.C, which was declined by the learned Additional Sessions Judge vide the impugned order, dated 29-9-1992. The same has been assailed in the present revision petition under sections 435, 439 read with section 561-A, Cr.P.C.
2. Learned counsel for the petitioners tried to enter upon the factual and other legal merits of the case but the learned counsel for the complainant has raised the preliminary objections regarding the competency of the petition and the jurisdiction of the High Court in the matter.
3. The petitioners have been challaned and are facing trial admittedly for an offence under the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. Article 203-DD of the Constitution of the Islamic Republic of Pakistan, 1973 is very clear that where the correctness, legality or propriety of any funding, sentence or order recorded by any Criminal Court under any law relating to the enforcement of Hudood, the Federal Shariat Court would have the jurisdiction therein. This positive provision conferring jurisdiction on the Federal Shariat Court is supplemented by Article 203-G of the Constitution whereunder the jurisdiction of the Supreme Court and the High Courts has been specifically barred.
4. The upshot is that the preliminary objection is upheld and the petition is dismissed on the point of jurisdiction. N.H.Q./M-1093/L Petition dismissed.