ELECTION COMMISSION OF PAKISTAN through District Election Commissioner, Quetta vs MUNIR AHMED KHAN KAKAR S — 2022 PCrLJ 913 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PCrLJ 913 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PCRLJ
Parties: ELECTION COMMISSION OF PAKISTAN through District Election Commissioner, Quetta vs MUNIR AHMED KHAN KAKAR S
Subject matter: Criminal
Provisions referred to: S. 247---E; S. 134---I; S. 247

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

ELECTION COMMISSION OF PAKISTAN through District Election Commissioner, Quetta VS MUNIR AHMED KHAN KAKAR S. 247---Elections act (XXXIII of 2017), S. 134---Illegal practice---Complaint, dismissal for non-prosecution---Election Commission filed complaints against respondents but Trial Court dismissed the complaints due to non-prosecution---Validity---Provisions of Chapter XX, Cr.P.C. provided procedure for trial of case by Magistrate, wherein under S. 247, Cr.P.C. the Magistrate was empowered to dismiss complaint on non-appearance of complainant with certain restriction---Where the offence of which accused was charged was either cognizable or non-compoundable, Court could not dismiss the complaint on non-appearance---High Court set aside the orders of dismissing complaints for non-prosecution and the same were remanded to Trial Court for decisions on merits---appeal was allowed accordingly. Head NotesCase Description

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