1991 P Cr (PLP)
RIAZ AHMAD and others — Petitioners Versus THE STATE and others — Respondents
| Citation | 1991 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | RIAZ AHMAD and others — Petitioners Versus THE STATE and others — Respondents |
Q1: What are the key laws and sections cited in 1991 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 P Cr (PLP) (RIAZ AHMAD and others — Petitioners Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Tallat Farooq Sheikh with Sardar Muhammad Anwar Ahmed Khan for Petitioners.
Headnotes / Summary
Ss. 302/307, 34, 148 & 149
Case initially registered against petitioner under Ss.307/148 & 149, P.P.C. was altered to under S.302/34, P.P.C., but during investigation petitioners were discharged by police
On filing complaint by complainant against petitioners who earlier were discharged, Court proceeded with trial of complaint case and processes were issued to petitioners, which processes were challenged by petitioners contending chat they having been discharged by police, could not be summoned by Trial Court in subsequent complaint case
Contention of petitioners was repelled on ground that if during trial of case some material had come on file which had shown the involvement of petitioners, process could be issued to them.
Judgment & Decree
The facts leading to the fling of this petition are that petitioners are facing trial for an offence under section 302/34, P.P.C. Initially the case was registered under section 307/148/149, P.P.C. Subsequently the offence was altered to section 302/148/149, P.P.C. During investigation the present petitioners were got discharged by the police. Thereafter the complainant filed a complaint against the petitioners and the same was entrusted to a Magistrate for inquiry. The learned Magistrate took cognizance of the matter/inquiry and sent the report to the trial Court who did not agree with the report and proceeded with the trial. Feeling aggrieved the complainant filed a revision in the High Court which was dismissed with the observation that during trial if some material came on the file which showed the involvement of the said petitioners he could issue process. Later on during the statement of one Ali Asghar P.W. the learned trial Court on 8-4-1991 issued processes to the petitioners. It is contended by learned counsel for the petitioners that they were got discharged by the police but in complaint case they were issued processes, therefore, they could not be summoned by the learned trial Court.
2. I have heard the learned counsel at length and considered his submission. Since the whole case was submitted to the learned trial Court and during that period if some evidence came on the file implicating the petitioners he could validly issue processes to them as has been done in the instant case. I don't find any merit in the petition, which is accordingly dismissed. H.B.T./R-299/L Petition dismissed.