1989 SCMR 1385 (PLP)
SIRAJ DIN and another Petitioners Versus PEER SALIM and another Respondents
| Citation | 1989 SCMR 1385 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Nasim Hasan Shah, JJ |
| Parties | SIRAJ DIN and another Petitioners Versus PEER SALIM and another Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 SCMR 1385 (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 1989 SCMR 1385 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Nasim Hasan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 SCMR 1385 (PLP) (SIRAJ DIN and another Petitioners Versus PEER SALIM and another Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Faizanul Haq, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 9th September, 1987.
Headnotes / Summary
(On appeal from the judgment dated 29‑6‑1987 of the High Court of Sind, Karachi in Cr. Misc. Application No.210 of 1987). ‑‑‑Ss.561‑A & 202‑‑Penal Code (XLV of 1860), 5.307/149‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Private complaint‑‑Trial Court after preliminary inquiry finding that statements of witnesses did disclose a prima facie case, issued bailable warrants against accused‑‑Accused failed to get quashment of proceedings of Trial Court by High Court‑‑High Court's finding was that process issued against accused petitioners was after preliminary inquiry wherein statements of witnesses disclosed a prima facie case against the accused and was thus not a fit case for quashment‑‑High Court's view being plainly correct, no ,,ground for interference was made out‑‑Leave refused.
Judgment & Decree
‑‑‑Ss.561‑A & 202‑‑Penal Code (XLV of 1860), 5.307/149‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Private complaint‑‑Trial Court after preliminary inquiry finding that statements of witnesses did disclose a prima facie case, issued bailable warrants against accused‑‑Accused failed to get quashment of proceedings of Trial Court by High Court‑‑High Court's finding was that process issued against accused petitioners was after preliminary inquiry wherein statements of witnesses disclosed a prima facie case against the accused and was thus not a fit case for quashment‑‑High Court's view being plainly correct, no ,,ground for interference was made out‑‑Leave refused. Faizanul Haq, Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 9th September, 1987. NASIM HASAN SHAH, J.‑‑A learned Additional Sessions Judge, after recording the statements of the complainant and the witnesses produced by him, on a private complaint under section 307 read with section 149, P.P.C., under section 202, Cr.P.C. issued bailable warrants to the petitioners. Feeling aggrieved, the petitioners moved the High Court for quashment of the proceedings under section 561‑A, Cr.P.C. The learned High Court has held that the process issued against the petitioners was after preliminary enquiry wherein the statements of the witnesses recorded did disclose a prima facie case against the applicants; hence this was not a fit case for quashment. The view expressed by the learned High Court above is plainly correct. No ground exists for interference therewith. This petition for leave to appeal,, accordingly, must fail and is dismissed hereby. A.A:/S‑299/S Petition dismissed.