PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Citation Name: 2023 PCrLJ 265 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD GHAZANFAR NAVEED vs State art — 2023 PCrLJ 265 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PCrLJ 265 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PCRLJ
Parties
Citation Name: 2023 PCrLJ 265 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD GHAZANFAR NAVEED vs State art
Subject matter
Criminal
Provisions referred to
S. 561-; S. 154---I; S. 5; S. 20; Criminal Procedure Code (V of 1898); Family Courts Act

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

Citation Name: 2023 PCrLJ 265 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD GHAZANFAR NAVEED VS State art. 199---Criminal Procedure Code (V of 1898), Ss. 561-a, 249-a & 265-K--- Constitutional jurisdiction---Inherent powers of High Court---Power of Court to acquit accused at any stage---Quashing of FIR---Scope---Under Ss. 265-K & 249-a, Cr.P.C., subordinate criminal courts are authorized to acquit the accused at any stage of the case and this power is synonymous to one the High Court exercises under S. 561-a, Cr.P.C., but if they fail to exercise powers the High Court either under art. 199 of the Constitution of Pakistan or under S. 561-a, Cr.P.C. can either quash the proceedings pending in the court subordinate thereto or quash the FIR. Citation Name: 2023 PCrLJ 265 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD GHAZANFAR NAVEED VS State S. 154---Information in cognizable cases---Second FIR---Scope---Every version in an FIR put forward by the same complainant or different parties to the proceedings, would be recorded in the same FIR and if the first had stood cancelled, the concerned party may file a private complaint or may file an application for review of cancellation order. Citation Name: 2023 PCrLJ 265 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD GHAZANFAR NAVEED VS State art. 199---Criminal Procedure Code (V of 1898), S. 561-a---Constitutional jurisdiction---Inherent powers of High Court---Quashing of FIR---Scope---article 199 of the Constitution guarantees that if no other remedy is available High Court can also undo the wrong in its extra ordinary jurisdiction---High Court is exercising this jurisdiction for quashing of FIR---Though S. 561-a, Cr.P.C., is available to exercise jurisdiction by the High Court in its inherent power to secure the ends of justice and to prevent abuse of process of the court yet such power is sparingly used by the High Court in appropriate case only. Citation Name: 2023 PCrLJ 265 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD GHAZANFAR NAVEED VS State art.199---Police Rules, 1934, R. 24.7---Constitutional jurisdiction---Quashing of FIR---Cancellation of cases---Scope---Subordinate criminal courts do not have jurisdiction to dilate upon quashing of FIR; however, under Police Rules, 1934, on the recommendation of police, FIR is usually cancelled. Citation Name: 2023 PCrLJ 265 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD GHAZANFAR NAVEED VS State art. 199--- Criminal Procedure Code (V of 1898), Ss. 249-a & 265-K---Constitutional jurisdiction---Quashing of FIR---Scope---Not necessary that accused always go to the Trial Court at first instance before approaching High Court for the like relief, if the circumstances warrant interference it must be decided by High Court. Citation Name: 2023 PCrLJ 265 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD GHAZANFAR NAVEED VS State Ss. 5, Sched. & 20---Jurisdiction of Family Court---Family Court as Magistrate---Terms and conditions of Nikahnama---Scope---As per S. 5 read with S. 20 of the Family Courts Act, 1964, it is only the Family Court that can decide any matter relating to terms and conditions of Nikahnama and fate of a permission letter to contract second marriage touches the condition whether it is genuine or otherwise.

Other judgments reported in 2023 PCRLJ

Back to the case-law library · Search Pakistani case law in Urdu or English