2005 PLP 1599 (SCMR)
SHERAZ AHMAD and others — Petitioners Versus FAYYAZ-UD-DIN and others — Respondents
| Citation | 2005 PLP 1599 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Nawaz Abbasi and M. Javed Buttar, JJ |
| Parties | SHERAZ AHMAD and others — Petitioners Versus FAYYAZ-UD-DIN and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1599 (SCMR)?
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 1599 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Nawaz Abbasi and M. Javed Buttar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1599 (SCMR) (SHERAZ AHMAD and others — Petitioners Versus FAYYAZ-UD-DIN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Zafar, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Petitioners.
- Khawaja Haris Ahmad, Advocate Supreme Court and Mehmoodul Islam, Advocate-on-Record for Respondent No.1.
- Date of hearing: 16th June, 2005.
Headnotes / Summary
(On appeal from the judgment dated 6-11-2000 of the Lahore High Court, Lahore passed in Writ Petition No.5103 of 1988).
S. 249-A
Constitution of Pakistan (1973), Art. 185(3)-High Court had found that acquittal of accused under S.249-A, Cr.P.C. was not proper on the ground that a civil suit pertaining to the same transaction was pending in the Court
Supreme Court, with the consent of the parties, by converting the petition for leave to appeal into appeal modified the judgment of the High Court to the extent that pending disposal of civil dispute, the proceedings in the criminal case shall remain stayed.
Judgment & Decree
The learned counsel for the petitioners during the course of arguments when confronted that acquittal under section 249-A, Cr.P.C. on the ground that a civil suit pertaining to the same transaction was pending, was not proper and in the given circumstances, the view of the matter taken by the High Court would not call for interference, he without further agitating this petition, on merits, submitted that if the proceedings in the criminal case are stayed pending disposal of the civil dispute, the petitioners will be satisfied and will not further press this petition. Learned counsel for the caveator has no objection to the disposal of the petition in the above manner. This being so, we modify the judgment of the High Court to the extent that pending disposal of civil dispute, the proceedings in the criminal case shall remain stayed and by converting this petition into an appeal dispose of the same accordingly. There will be no order as to costs. M.B.A./S-116/S Order accordingly.