2005 PLP 1610 (YLR)
NOOR AHMAD — Petitioner Versus D.P.O. and others — Respondents
| Citation | 2005 PLP 1610 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. Bilal Khan, J |
| Parties | NOOR AHMAD — Petitioner Versus D.P.O. and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1610 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1610 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. Bilal Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1610 (YLR) (NOOR AHMAD — Petitioner Versus D.P.O. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Fazal Joya Rauf for Petitioner.
- Date of hearing: 19th May, 2004.
Headnotes / Summary
Ss.22-A & 22-B
Constitution of Pakistan (1973), Art. 199
Constitutional petition
petitioner filed application under Ss.22-A & 22-B, Cr.P. C. for registration of case against certain accused, Addl. Sessions Judge directed the S.H. O. concerned to probe into the matter, to hold preliminary inquiry regarding matter and to report within a week--Addl. Sessions Judge after inviting report from S. H. O. without awaiting for the same disposed of application of petitioner and consigned the same to record
Order of Addl. Sessions Judge was contradictory in terms as, he after inviting report from S.H. O. ought to have waited for the result and only then he could have passed an appropriate order--High Court directed that petitioner's application would be deemed to be pending before Addl. Sessions Judge, who would pass an appropriate- order after receipt of report invited from S.H.O.
Judgment & Decree
Criminal Procedure Code (V of 1898)
Ss.22-A & 22-B
Constitution of Pakistan (1973), Art. 199
Constitutional petition
petitioner filed application under Ss.22-A & 22-B, Cr.P. C. for registration of case against certain accused, Addl. Sessions Judge directed the S.H. O. concerned to probe into the matter, to hold preliminary inquiry regarding matter and to report within a week--Addl. Sessions Judge after inviting report from S. H. O. without awaiting for the same disposed of application of petitioner and consigned the same to record
Order of Addl. Sessions Judge was contradictory in terms as, he after inviting report from S.H. O. ought to have waited for the result and only then he could have passed an appropriate order--High Court directed that petitioner's application would be deemed to be pending before Addl. Sessions Judge, who would pass an appropriate- order after receipt of report invited from S.H.O. Mian Fazal Joya Rauf for Petitioner. Date of hearing: 19th May, 2004. The petitioner made an application under sections 22-A and 22-B, Cr.P.C. before the learned Additional Sessions Judge, Arifwala for registration of a case against certain accused persons named therein. The said learned Additional Sessions Judge directed the S.H.O. concerned 'to probe into the matter and to hold preliminary enquiry regarding the disputed matter and directed that the report be submitted to him within one week. However, after inviting the report he disposed of the petition and consigned it to record. The learned counsel submits that order of the learned Additional Sessions Judge is contradictory in terms and after inviting the requisite report he ought to have awaited the result and only then he could pass and appropriate order.
2. I have called the learned Additional A.-G. to be Of assistance. After examining the record he submitted that he would have no objection if a direction is issued to the learned Additional Sessions Judge to await the result of the report and then pass an appropriate order.
3. Accordingly it is directed that the petitioner's application shall be deemed to the pending before the learned Additional Sessions Judge who shall pass an appropriate order after receipt of the report which he had invited from the S.R.O. concerned. Disposed of in the above terms. H.B. T./N-25/L Order accordingly.