1999 PLP 2914 (MLD)
RANGEEL AHMED BUTT — Appellant Versus Mst. ZOONI and 5 others — Respondents
| Citation | 1999 PLP 2914 (MLD) |
| Forum / Court | Supreme Court (AJ&K) |
| Bench Members | Sardar Said Muhammad Khan, C.J, and Basharat Ahmad Shaikh, J |
| Parties | RANGEEL AHMED BUTT — Appellant Versus Mst. ZOONI and 5 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1999 PLP 2914 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2914 (MLD)?
The case was heard and decided by the Supreme Court (AJ&K) bench comprising: Sardar Said Muhammad Khan, C.J, and Basharat Ahmad Shaikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2914 (MLD) (RANGEEL AHMED BUTT — Appellant Versus Mst. ZOONI and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kh. Muhammad Aslam Habib, Advocate for Appellant.
- Ashfaque Hussain Kiani, Advocate for Respondents.
Headnotes / Summary
S. 204
Penal Code (XLV of 1860), S. 302/10,9/34
Warrant case-- Issuance of summon to accused
Trial Court, on complaint filed under S.302/109/34, P.P.C. after recording preliminary- evidence, issued summons against accused
Objection of complainant was that offence committed by accused being a warrant case and not summons case, Trial Court should have issued warrants against accused and not summons and that accused who were summoned were illegal released on bail by subordinate Courts
Court under provisions of S.204, Cr.P.C. had discretion to issue either warrant or summons in case which fell in ambit of warrant case and said discretion could not be interfered with especially when it was not shown that same was perverse or exercised against any principle of law
Release of accused on bail could be challenged by complainant only through appropriate means and at proper stage as same could not be interfered with in present proceedings.
Judgment & Decree
SARDAR SAID MUHAMMAD KHAN, C.J.
This appeal has been directed against the order of the Shariat Court dated 26-3-1997, whereby the revision petition filed by the appellant, herein, was rejected.
2. It is not necessary to dilate upon the facts of the case. Suffice it to say that a case was registered against Mst. Zooni and others under sections 302, 109 and 34, A.P.C. read with section 5 of the Islamic Penal Laws Act. Some of the accused-respondents were released on bail by the District Criminal Court while some others by the Shariat Court; Mst. Zooni, respondent, was released on bail by this Court.
3. A private complaint was filed by the complainant in the District I Criminal Court which, after recording preliminary evidence, issued summons against the accused-respondents. The grouse of the appellant is that the District Criminal Court should have issued warrants against the respondents and not summons because the offence committed was a warrant case as defined under the provisions of Code of Criminal Procedure. The learned counsel for the appellant has also argued that the accused-respondents who were summoned were illegally released on bail by the trial Court and the Shariat Court.
4. We have given our due consideration to the matter. The bare reading of section 204, Cr.P.C. would reveal that the trial Court had discretion to issue either warrants or summons in a case which falls within the ambit of warrant case. Thus, the exercise of discretion cannot be interfered with, especially so when it is not shown that the same is perverse or offends against the well-settled principles of law.
5. So far as the question of releasing the accused-respondents on bail is concerned, that could be challenged only through appropriate means and, at proper stage; the bail order cannot be interfered with the present proceedings. The appellant, if so advised, may seek the remedy in respect of the bail of the, respondents in proper forum through appropriate means. Hence the appeal is hereby dismissed as having no force in it. H.B.T./314/SC (AJ&K) Appeal dismissed.