PCRLJ 1993

1993 P Cr (PLP)

Mian MUHAMMAD SAEED and another — Petitioners Versus MUHAMMAD AHSAN SALEEM and another — Respondents

Jurisdiction / Court
Lahore
Decided Date
1992-September-29
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1993 P Cr (PLP)
Forum / Court Lahore
Bench Members N/A
Parties Mian MUHAMMAD SAEED and another — Petitioners Versus MUHAMMAD AHSAN SALEEM and another — Respondents
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1993 P Cr (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 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) (Mian MUHAMMAD SAEED and another — Petitioners Versus MUHAMMAD AHSAN SALEEM and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Muhammad Anwar Warraich for Petitioners.

Headnotes / Summary

S. 561-A

Penal Code (XLV of 1860), S.500

Quashing of proceedings--Accused had sought quashment of the proceedings whereby Trial Court had summoned them in the complaint after preliminary investigation, raising some legal objections

Accused were directed to join the proceedings and move an application with such objections before the Trial Court which was also directed to decide the same expeditiousiy before proceeding with the trial.

Judgment & Decree

The facts leading to the filing of this petition are that a complaint under section

500. P.P.C. was filed by the respondent against the petitioners. After preliminary-investigation, process was issued against the petitioners for appearance before the Court. Learned counsel for the petitioners has come before this Court seeking quashment of the proceedings pending against the petitioners.

2. It was contended that the learned trial Court had erred in law by recording preliminary evidence when the complainant had not given a summary of statement of his witnesses. Argued that statements were recorded on solemn affirmation, whereas they should have been recorded on oath.

3. I have heard the learned counsel at length and gone through the file. The statements were recorded in the absence of the petitioners, therefore, no prejudice could possibly be caused to them. Petitioners should join the proceedings and move an application before the trial Court. It is further directed that if such an application is moved, the trial Court shall decide the same expeditiously before proceeding with the trial. With these observations the petition is disposed of. The file shall be sent back forthwith. N.H.Q./M-607/L Order accordingly.