2004 PLP 218 (SCMR)
MUHAMMAD AKRAM — Petitioner Versus MUHAMMAD HALEEM alias HAMAYUN and others — Respondents
| Citation | 2004 PLP 218 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Hamid Ali Mirza and Sardar Muhammad Raza Khan, JJ |
| Parties | MUHAMMAD AKRAM — Petitioner Versus MUHAMMAD HALEEM alias HAMAYUN and others — Respondents |
| Primary Law | Juvenile Justice System Ordinance (XXII of 2000) |
Q1: What are the key laws and sections cited in 2004 PLP 218 (SCMR)?
This judgment primarily cites: Juvenile Justice System Ordinance (XXII of 2000) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 218 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Hamid Ali Mirza and Sardar Muhammad Raza Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 218 (SCMR) (MUHAMMAD AKRAM — Petitioner Versus MUHAMMAD HALEEM alias HAMAYUN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja M. Ibrahim Satti, Advocate Supreme Court with Ch. Muhammad Akram, Advocate-on-Record for Petitioner.
- Date of hearing: 27th May; 2002.
- Raja Abdul Ghafoor, Advocate-on-Record for the Complainant
- M. Zaman Bhatti, Advocate Supreme Court for the State.
Headnotes / Summary
(On Appeal from the judgment, dated 16-1-2002 in Criminal Revision No.73 of .2001 passed by the Lahore High Court Rawalpindi Bench, Rawalpindi)
S. 7--Penal Code (XLV of 1860), Ss.302/364/109
Constitution of Pakistan (1973), Art.185(3)
Trial Court after holding an enquiry without ossification test had found the accused under 18 years of age at the time of occurrence and directed him to be tried by the Juvenile Court
Complainant's revision petition against the said order had been dismissed by the High Court through the impugned order
Supreme Court in the interest of justice and the legal pleas raised in the matter remanded the case- to the Trial Court to re-determine the age of the accused in terms of section 7 of the Juvenile Justice System Ordinance, 2000, so as to avoid future complications in the trial of the case and to decide the matter in accordance with law
Petition was disposed of accordingly. Raja Abdul Ghafoor, Advocate-on-Record for the Complainant M. Zaman Bhatti, Advocate Supreme Court for the State.
Judgment & Decree
HAMID ALI MIRZA, J.
This criminal petition for leave to appeal is directed against the order dated 16-1-2002 passed by learned Judge in Chambers of the Lahore High Court, Rawalpindi Bench in Criminal Revision No.73 of 2001 (Muhammad Akram v. Muhammad Haleem) passed by learned Judge in Chambers of the Lahore High Court Rawalpindi Bench, Rawalpindi, whereby the said revision was dismissed.
2. Brief facts of the case are that the petitioner got registered F.I.R. No.99 dated 10-4-2000, under sections 302/364/109, P.P.C. at Police Station Kahuta, District Rawalpindi, regarding the murder and abduction of his son namely Naveed Anjum against the respondents Nos. l and 2 and charge-sheet in respect of the case was sent by the concerned Magistrate under section 190(3), Cr.P.C. to Sessions Judge, Rawalpindi, who passed on the same for trial to the Additional Sessions Judge, Rawalpindi. On 1-7-2001 Juvenile Justice System Ordinance, 2000 (hereinafter referred to as the Ordinance) came into force, therefore respondent Muhammad Haleem moved an application before, the trial Court under section 4(4) of the said Ordinance stating therein that his case would fall under the provisions of the said Ordinance, therefore, the trial of his case be separated so that he be tried before the Juvenile Court having jurisdiction as he cannot be tried before the ordinary Court of law. Learned trial Court, after holding an enquiry without holding ossification test found that Muhammad Haleem was under eighteen years of age at the time of occurrence, therefore he directed the police to prepare a separate charge-sheet of the said respondent /accused's case for trial before the Juvenile Court. The petitioner Muhammad Akram preferred Criminal Revision No.73 or 2001 before the Lahore High Court, Rawalpindi Bench which was heard, by learned Judge in Chambers and dismissed as per impugned judgment.
3. We have heard learned counsel for the parties, State counsel and perused the record.
4. After hearing at length, learned counsel for the parties, we, in the interest of justice and legal pleas raised, so as to avoid future complications in the trial of case, remand the case to the learned Sessions Judge/Juvenile Court, Rawalpindi to re-determine the age of respondent Muhammad Haleem son of Muhammad Arbi in terms of section 7 of Juvenile Justice System Ordinance, 2000 after allowing the parties to lead further evidence if it is so desired and hearing them on all legal pleas to be raised and on finding arrived at, the said respondent/accused be tried by competent forum in accordance with law. The petition is disposed of accordingly. N.H.Q./M-503/S Case remanded.