1969 P Cr (PLP)
Mst. LAL BAHA‑Petitioner Versus ABDUL SAMAD AND ANOTHER‑Respondents
| Citation | 1969 P Cr (PLP) |
| Forum / Court | Supreme Court |
| Bench Members | Single Bench |
| Parties | Mst. LAL BAHA‑Petitioner Versus ABDUL SAMAD AND ANOTHER‑Respondents |
Q1: What are the key laws and sections cited in 1969 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1969 P Cr (PLP)?
The case was heard and decided by the Supreme Court bench comprising: Honorable Judges.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1969 P Cr (PLP) (Mst. LAL BAHA‑Petitioner Versus ABDUL SAMAD AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Majid Khan, Advocate Supreme Court instructed by Sh. Abdul Karim, Attorney for Petitioner.
- Nemo for Respondents.
- Date of hearing : 11th October 1968.
Headnotes / Summary
(On appeal from the judgments and orders of the High Court of West Pakistan, Peshawar Bench, dated the 22nd January 1968 and 26th February 1968, in Criminal Miscellaneous No. 371 of 1967 and Criminal Miscellaneous No. 30 of 1968). Penal Code (XLV of 1860)
S. 302 and Criminal Procedure Code (V of 1898), S. 561‑A‑Whether High Court was justified in quashing proceedings under S. 302, P. P. C.‑Special leave to appeal granted by Supreme Court to consider question. Raja Haq Nawaz v. Sakhi Muhammad P L D 1967 S C 354 ref.
Judgment & Decree
Penal Code (XLV of 1860)
S. 302 and Criminal Procedure Code (V of 1898), S. 561‑A‑Whether High Court was justified in quashing proceedings under S. 302, P. P. C.‑Special leave to appeal granted by Supreme Court to consider question. Raja Haq Nawaz v. Sakhi Muhammad P L D 1967 S C 354 ref. Abdul Majid Khan, Advocate Supreme Court instructed by Sh. Abdul Karim, Attorney for Petitioner. Nemo for Respondents. Date of hearing : 11th October 1968. ABDUS SATTAR, J.‑This order will cover Criminal Petitions Nos. 65 and 112 of 1968. These petitions are directed against two orders dated 22‑1‑68 and 26‑2‑68 passed under section 561‑A of the Code of Criminal Procedure by a learned Single Judge of the High Court of West Pakistan, Peshawar Bench, quashing the proceedings pending against the respondents Abdul Samad and Taj Muhammad under section 302/34, P. P. C. for the murder of Fazal Hussain, the son of the petitioner. The remaining witnesses including four who are said to have seen the deceased last in the company of the two accused. It is contended that at this stage of the proceedings the learned Single Judge was not justified in quashing them in exercise of his extraordinary jurisdiction. There is considerable force in this argument and it receives support from the decision of this Court reported in P L D 1967 S C 354. Leave is granted. Leave granted.