2002 P Cr (PLP)
Mst. SHIREEN TAJA — Petitioner Versus THE STATE and 2 others — Respondents
| Citation | 2002 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | Sardar Muhammad Raza, CJ |
| Parties | Mst. SHIREEN TAJA — Petitioner Versus THE STATE and 2 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2002 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: Sardar Muhammad Raza, CJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 P Cr (PLP) (Mst. SHIREEN TAJA — Petitioner Versus THE STATE and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Latif Afridi for Petitioner.
- Date of hearing: 24th October, 2000.
Headnotes / Summary
Ss. 302/324/109/148/149
Criminal Procedure Code (V of 1898), Ss.249 & 439
Accused was released under S.249, Cr.P.C.
Validity-- Trial Court had released the accused on bail and stopped the proceedings in the case under S.249, Cr.P.C. because the eye-witnesses having absconded, prosecution could not produce them in Court
Prosecution and the complainant party were now in a position to produce the witnesses in Court and they could resort to the Trial Court for revival of the trial as the accused had only been released on bail under S.249, Cr.P.C. and were never acquitted under S.249-A, Cr.P.C.
Trial could commence from the stage it was discontinued
Revision petition was dismissed with such remarks. Muhammad Jamil Qamar for the State.
Judgment & Decree
Ss. 302/324/109/148/149
Criminal Procedure Code (V of 1898), Ss.249 & 439
Accused was released under S.249, Cr.P.C.
Validity-- Trial Court had released the accused on bail and stopped the proceedings in the case under S.249, Cr.P.C. because the eye-witnesses having absconded, prosecution could not produce them in Court
Prosecution and the complainant party were now in a position to produce the witnesses in Court and they could resort to the Trial Court for revival of the trial as the accused had only been released on bail under S.249, Cr.P.C. and were never acquitted under S.249-A, Cr.P.C.
Trial could commence from the stage it was discontinued
Revision petition was dismissed with such remarks. Abdul Latif Afridi for Petitioner. Muhammad Jamil Qamar for the State. Date of hearing: 24th October, 2000. This is a revision petition filed against the order, dated 20-7-1999 of the learned Sessions Judge/Special Judge, Mardan, whereby the accused undertrial, namely, Khawaja Muhammad, Inamullah and Akbarullah on charges under sections 302/324/109/148/149, P.P.C., with reference to F.I.R. No.816, dated 21-7-1997 of Police Station "A Division, Mardan, were released under section 249, Cr.P.C. (without pronouncing judgment) on bail with the undertaking that they will attend the Court and face the trial as and when required.
2. This revision is based on the ground that during trial the prosecution had failed to produce the eye-witnesses because to the hard luck of the prosecution, the witnesses had become absconders. That now the prosecution and the complainant party is in a position to produce the witnesses.
3. If the above is the latest position, the prosecution should not feel handicapped because the accused undertrial had only been released under section 249, Cr.P.C. on bail and never acquitted under section 249-A, Cr.P.C. If the circumstances are favourable enough, the prosecution or the complainant party can always resort to the trial Court for the revival of the trial which can commence from the stage it was discontinued. With remarks that the prosecution should resort to the trial Court, the instant revision is hereby dismissed. N.H.Q./256/P Petition dismissed.