Skip to main content

Posts

Delay of more than 10 hours in reporting a criminal case

By
  PLJ 2021  Cr.C . (Quetta) 642 (DB) Present:  Naeem   Akhtar  Afghan and Abdul  Hameed   Baloch , JJ. Mst .  SABIHA--Appellant versus Dr.  AKBAR and 2 others--Respondents Crl .  Acq .  A. No. 397 of 2015, decided on 1.7.2019. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 417(2) & 249-A--Appeal against acquittal--It is an admitted fact that complainant has reported matter with police with delay of more than 10 hours without any plausible explanation, under such circumstances consultation and deliberation on part of complainant cannot be ruled out--Since FIR is always treated to be a corner stone of prosecution case to establish guilt against culprits involved in crime and it has got a very significant role to play--Any doubt in lodging of FIR and commencement of investigation gives rise to a benefit in favor of accused and FIR lodged after inquiry loses its evidentiary value-- Held:  It is settled principle of law tha...
Post a Comment
Read more
Recent posts

Scope of Quashment Petition in Azad Jammu & Kashmir

By
PLJ 2021 AJ&K 33 [Shariat Appellate Bench] Present:  Raja Sajjad Ahmad Khan, J. SAQIB HUSSAIN and another--Petitioners versus STATION HOUSE OFFICER, POLICE STATION, DHIRKOT and 2 others--Respondents Misc. Crl. P. No. 132 of 2019, decided on 9.7.2020. AJ&K Prohibition (Enforcement of Hadd) Act, 1985-- ----S. 16-2(L)--"Public place" means a street, road, thoroughfare, park, garden or other place to which the public have free access and includes a hotel, restaurant, motel, mess and club, but does include the residential room of a hotel in the occupation of some person."                                                                      ...
Post a Comment
Read more

Scope of acquittal under Section 265-K, 249-A and 265-D, Cr.P.C. is very limited

By
  PLJ 2024 Cr.C. 1194 [Islamabad High Court, Islamabad] Present:  Tariq Mehmood Jahangiri, J. Rana MUHAMMAD SADIQ--Petitioner versus Rana MUBASHIR AHMED and another--Respondents Crl. Rev. No. 6 of 2024, decided on 13.3.2024. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 265-D, 435, 439 & 561-A--Illegal Dispossession Act, (XI of 2005), Ss. 3, 4 & 7--Filing of complaint--Police report--Issuance of summons and direction to handover possession to respondent--Criminal revision petition--Allowed--Possession of petitioner was restored--Petitioner was summoned again--Application for u/S. 265-A--Dismissed--Third revision petition was dismissed as withdrawn--Fourth revision petition was filed on same ground of third revision petition--Conduct of petitioner--Scope of acquittal--Direction to--Conduct of petitioner clearly shows that he is deliberately delaying matter on one pretext or other and is avoiding to face trial-- Scope of acquittal under Section 265-K, 249-A and 265...
Post a Comment
Read more

Entrustment of property and dishonest misappropriation of entrusted property

By
  PLJ 2026 SC 96 [Appellate Jurisdiction] Present:   Sardar Tariq Masood and Mazhar Alam Khan Miankhel, JJ. AYESHA TAYYAB--Petitioner versus STATION HOUSE OFFICER, POLICE STATION CANTT.DISTRICT SIALKOT, etc.--Respondents C.P. No. 1575 of 2024, decided on 22.5.2025. (On appeal against the order dated 08.03.2024 passed by the Lahore High Court, Lahore in Writ Petition No. 1684 of 2024) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 406--Constitution of Pakistan, 1973, Art. 199(1)(a)(ii)--Criminal Procedure Code, 1898 (V of 1898), S. 561-A--Quashment of criminal proceedings and Quashment of FIR--Entrustment of property and dishonest   misappropriation   of   entrusted   property--“Qarz-e-Hasna”--Amount was handed over as a loan/trust--High Court observed that no offence under section 406 PPC was made out from contents of FIR and proceeded to quash same under its constitutional jurisdiction conferred by Article 199--Contents of FIR determine whether a cogni...
Post a Comment
Read more