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NAUMAN KHAN vs State S — 2021 PCrLJ 1582 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 1582 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
NAUMAN KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 324---K; S. 15---A; Penal Code (XLV of 1860); Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NAUMAN KHAN VS State S. 497---Penal Code (XLV of 1860), S. 324---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Attempt to commit qatl-i-amd---Unlicensed possession of arms---Bail, grant of---Case of cross-versions---Scope---Further inquiry---Record revealed that the incident in issue occurred in front of the shop of complainant, which was across the road where the accused being a rickshaw driver was waiting for passengers---Complainant wanted the accused to vacate the occupied place which resulted in an altercation---Complainant along with his sons was running a barber shop and on hearing altercation between the two they also joined hands with their father and entered into a scuffle---Complainant received a firearm injury on his body whereas the accused sustained incised wounds at the hands of the complainant party---Both parties reported the matter to the police in the hospital where on the strength of the report of complainant the FIR was registered whereas version of the accused was penned down in the shape of a report charging the complainant along with his sons for commission of the offence---Moot question for the High Court was to determine as to who was the aggressor and who was aggressed upon, which at present juncture was not possible rather the same could better be determined after recording pro and contra evidence---Accused had succeeded in making out a case of further inquiry---Petition for grant of bail was allowed, in circumstances.

Other judgments reported in 2021 PCRLJ

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