PCRLJ 1984

1984 P Cr (PLP)

HUHAMMD HUSSAIN -Petitioner Versus THE STATE-Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Revision No. 6 of 1983, decided on 25th January, 1983.
Honorable Judges
Muhammad Munir Khan, J
Case Reference Summary (AEO Optimized)
Citation 1984 P Cr (PLP)
Forum / Court Lahore
Bench Members Muhammad Munir Khan, J
Parties HUHAMMD HUSSAIN -Petitioner Versus THE STATE-Respondent
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 1984 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 1984 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: 1984 P Cr (PLP) (HUHAMMD HUSSAIN -Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Capt. M. A. Maiid for Petitioner.

Headnotes / Summary

S. 190-Accused, summoning of-Contention that petitioner being a witness in case trial Judge (Anti-Corruption) was not legally competent to summon him as an accused person without first obtaining necessary sanction for his prosecution from concerned authority-Repelled-Trial Judge, held, quite competent to take cognizance and summon petitioner upon information received from any witness or upon his own knowledge or suspicion that such offence committed by him.

Judgment & Decree

S. 190-Accused, summoning of-Contention that petitioner being a witness in case trial Judge (Anti-Corruption) was not legally competent to summon him as an accused person without first obtaining necessary sanction for his prosecution from concerned authority-Repelled-Trial Judge, held, quite competent to take cognizance and summon petitioner upon information received from any witness or upon his own knowledge or suspicion that such offence committed by him. Capt. M. A. Maiid for Petitioner. This Criminal Revision arises from the order of the learned Special Judge Anti-Corruption, Sahiwal, whereby he on 21st September, 1982 summoned Muhammad Hussain, petitioner, as an accused person to face trial in case under section 420/466/471/468/109, P. P. C. pending adjudication before him. 2. The learned counsel for the petitioner submits that since Muhammad Hussain was a witness in that case the trial Court was not legally competent to summon him as an accused person without first having obtained necessary sanction for his prosecution from the concerned authority. 3. After hearing the learned counsel who has not been able to refer to any specific provision of law prohibiting the trial Court to summon witness as an accused person without first having obtained sanction fort prosecution, I am of the considered view that the trial Court while trying the case was quite competent to take cognizance and summon the peti tioner upon information received from any witness or upon his own knowledge or suspicion that such offence has been committed by the petitioner. I further find that the trial Court after having taken cognizance had informed the petitioner that he was entitled to have the case tried by another Court and it was on the choice of the petitioner that the case was transferred to learned Special Judge, Anti-Corruption, Multan. 4. For what has been stated above there being no merit in this revi sion, the same is dismissed in limine. S. G. D. Revision dismissed.