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SALMAN ABRO vs GOVERNMENT OF SINDH Ss — 2021 SCMR 658 SUPREME-COURT

Case information

Citation
2021 SCMR 658 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
SALMAN ABRO vs GOVERNMENT OF SINDH Ss
Subject matter
Criminal
Provisions referred to
S. 230; Penal Code (XLV of 1860); Anti-Terrorism Act (XXVII of 1997)

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

SALMAN ABRO VS GOVERNMENT OF SINDH Ss. 200 & 203---Penal Code (XLV of 1860), Ss. 302, 324, 427, 201 & 149---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7---Private complaint, dismissal of---In the first round of litigation, a stranger to the incident had tried to lodge counter version of the occurrence, which was declined up to the High Court---Even the petition before the Supreme Court filed by the said stranger was dismissed as withdrawn---Such circumstances clearly reflected that the attempt made by the said stranger on behalf of the petitioner had already attained finality---Said stranger was neither a witness of the occurrence nor he had any nexus with the incident, therefore, there was no compelling reason for him to file the counter version on behalf of the petitioner---In the second round of litigation, the petitioner himself opted to file private complaint which had been dismissed by the courts below---High Court in the impugned judgment had rightly observed that the petitioner had not approached the court with clean hands, but with nefarious intent as the counter version of the petitioner had already been investigated by the police while following all legal requirements; that the only purpose to launch counter version was to create a strong defence that too with a delay of one year and the same could be termed as an afterthought and as such it did not create a sound foundation in the given circumstances---In the trial faced by the petitioner evidence had already been recorded and the trial was at the verge of final arguments---In such circumstances there was no reason to interfere with the impugned judgment of the High Court, whereby the dismissal of private complaint by the Trial Court under S. 230, Cr.P.C. was upheld---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2021 SCMR

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