1985 P Cr (PLP)
FAYYAZ HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1985 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | FAYYAZ HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1985 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 1985 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 P Cr (PLP) (FAYYAZ HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Khan Muhammad Bajwa for Petitioner.
- Date of hearing: 23rd January, 1985.
Headnotes / Summary
‑‑‑Ss. 420 468 & 471‑‑Sanction for prosecution‑‑Accused 's application for stay of proceedings, on ground that no sanction for prosecution obtained, rejected‑‑Trial Court making observation in order that no appeal against order of dismissal of accused's application was pending, which was factually incorrect‑‑Order of rejection of application set aside and case sent back to trial Court for re‑consideration of application in light of relevant file of pending appeal. Sh. Jamal Din for the State.
Judgment & Decree
‑‑‑Ss. 420 468 & 471‑‑Sanction for prosecution‑‑Accused 's application for stay of proceedings, on ground that no sanction for prosecution obtained, rejected‑‑Trial Court making observation in order that no appeal against order of dismissal of accused's application was pending, which was factually incorrect‑‑Order of rejection of application set aside and case sent back to trial Court for re‑consideration of application in light of relevant file of pending appeal. Ch. Khan Muhammad Bajwa for Petitioner. Sh. Jamal Din for the State. Date of hearing: 23rd January, 1985. The facts giving rise to this revision, briefly, are that a case under aections420/468/471, P.P.C. was registered against Fayyaz Hussain petitioner at P.S. Qila Gujjar Singh vide F.I.R. No.593, dated 2‑10‑1979. After investigation, the challan was submitted in the Court of learned Special Judge Anti‑Corruption on 3‑11‑1983. On 5‑7‑1984, the petitioner/ accused moved application for the stay of proceedings on the ground that there being no sanction for the prosecution of the petitioner/accused, the cognizance of the case could not have been taken by the trial Court. In the application, ft. was also requested that the trial Court should obtain proper sanction from appropriate authority. This application was rejected on 31‑10‑1984, hence this revision.
2. Learned counsel far the petitioner submits that the observation made by the trial Court that no appeal against the order of the dismissal of the petitioner/accused was pending at that time, was factually incorrect, inasmuch as, the appellant had filed appeal on 18‑2‑1984 and the D.I.‑G., Lahore had called for comments and report from the S.P. and that the appeal has not been disposed of so far. The learned counsel for the State after going through the relevant record, states that the appeal filed by the petitioner/ accused on 18‑2‑1984 is still pending decision. That being the factual position, I am of the view that there is no option but to set aside the impugned order and send back the case to the learned Special Judge for the reconsideration of, application, dated 5‑7‑1984 in the light of the relevant file of appeal pending before D.I.‑G., Lahore. Order accordingly. M. A. K. Case remanded.