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TARIQ IRSHAD vs SPECIAL JUDGE S — 2022 PCrLJ 1050 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 1050 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
TARIQ IRSHAD vs SPECIAL JUDGE S
Subject matter
Criminal
Provisions referred to
S. 249-

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

TARIQ IRSHAD VS SPECIAL JUDGE S. 249-a---Power of Magistrate to acquit accused at any stage---Second FIR---Civil and criminal proceedings---Scope---accused assails dismissal of his application under S. 249-a, Cr.P.C.---Counsel for accused contended that the instant FIR was replica of earlier FIR, which was quashed by the High Court; that second FIR on same facts was barred under the law; that civil proceedings between the parties were also pending; that both civil and criminal proceedings could not go side by side and requests for stay of criminal proceedings till the decision of civil litigation by declaring that criminal proceedings were dependent upon the outcome of civil litigation---Second FIR was based on entirely different facts and premise---Even the nature of documents was different; therefore, it could not be termed as replica or verbatim of earlier FIR---Second FIR was proceed-able under the law---Question of inheritance was pending before the civil court, if the proof failed, party would lose the inheritance, would be deprived of the property and nothing more---Even after a criminal trial, a civil action on the same cause of action was not barred; neither principle of res judicata was applied nor question of autrefois acquit, autrefois convict (previously acquitted and previously convicted), arises---Order passed by Trial Court on application of accused was well reasoned and based on established principles of law---Criminal revision being devoid of merit was dismissed accordingly.

Other judgments reported in 2022 PCRLJ

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