2008 PLP 437 (SCMR)
ATTAULLAH KHAN — Petitioner Versus SHAFAULLAH and others — Respondents
| Citation | 2008 PLP 437 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal, Nasir-ul-Mulk and Hamid Ali Mirza, JJ |
| Parties | ATTAULLAH KHAN — Petitioner Versus SHAFAULLAH and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 PLP 437 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 437 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal, Nasir-ul-Mulk and Hamid Ali Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 437 (SCMR) (ATTAULLAH KHAN — Petitioner Versus SHAFAULLAH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hasnat Ahmed Khan, Advocate Supreme Court for Petitioner.
- Kh. Sultan Ahmed, Senior Advocate Supreme Court for Respondents.
- After having heard learned Advocate Supreme Court on behalf of petitioner/complainant, scanning the entire record and perusing the judgment of the trial Court as well as judgment impugned, we are inclined to grant leave to appeal inter alia on the following points:--
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 30-7-2002 passed in Criminal Appeals Nos.1499 and 1759 of 2000).
Art. 185(3)
Leave to appeal was granted to consider whether evidence which had come on record had been appreciated in its true perspective according to the settled norms of justice and well entrenched legal principles enunciated by the Supreme Court qua the safe administration of justice; whether High Court had recorded the acquittal on extraneous considerations having no nexus whatsoever with the evidence which had come on record; and whether it was obligatory to have incorporated all the minor details in the F.I.R. which altogether was a simple device to set the law in motion
Petition for leave to appeal was converted into appeal by the Supreme Court with the direction that appeal be fixed at an early date. Mrs. Afshan Ghazanfar, A.A.-G., Punjab for the State.
Judgment & Decree
After having heard learned Advocate Supreme Court on behalf of petitioner/complainant, scanning the entire record and perusing the judgment of the trial Court as well as judgment impugned, we are inclined to grant leave to appeal inter alia on the following points:-- (1) Whether the evidence which has come on record has been appreciated in its true perspective, according to the settled norms of justice and well-entrenched legal principles enunciated by this Court qua the safe administration of criminal justice? (2) Whether the learned High Court has recorded the acquittal on extraneous consideration having no nexus whatsoever with the evidence which has come on record? (3) Whether it is obligatory to have incorporated all the minor details in the F.I.R. which altogether is a simple device to set the law in motion?
2. The petition is converted into appeal which may be fixed at an early date.
3. To procure the attendance of the respondents, bailable warrants in the sum of Rs.50,000 each be issued against them to the satisfaction of the trial Court. H.B.T./A-74/SC Leave granted.