Citation Name: 2023 PCrLJ 600 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAJJAD ALI vs ADDITIONAL SESSIONS JUD

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

Citation Name: 2023 PCrLJ 600 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAJJAD ALI VS ADDITIONAL SESSIONS JUDGE, MANDI BAHAUDDIN Ss. 202, 435 & 439---Petitioner assailed the dismissal of his private complaint through a revision petition before the High Court under Ss. 435 & 439, Cr.P.C.---Scope---Perusal of record shows that petitioner being an accused of case FIR registered under Ss. 302, 324, 148, 149 & 109, P.P.C., with the allegations that he and other co-accused while armed with deadly weapons committed murder of one person and injured two persons---Petitioner filed an application before the SHO concerned for recording of his cross version in the said FIR as he also received injuries in that occurrence---Said cross-version of the petitioner was recorded but was cancelled just one day after registering the same with mala fide intention and ulterior motive, being in league with the other side---Petitioner being aggrieved/dissatisfied from the investigation filed private complaint, which was dismissed after recording cursory statements of witnesses---Validity---After taking into consideration the material produced on the record in the shape of cursory evidence and the result of investigation or inquiry, if any, under S. 202, Cr.P.C. the Trial Court would pass an order for issuance of process against the accused if sufficient ground was available for proceedings---Prima facie case did not mean that a case proved up to the hilt but a case should be established if the evidence produced in corroboration of the same was believed---Cursory statements recorded by two witnesses as well as documentary evidence produced by the petitioner, prima facie a cognizable offence was made out but the Trial Court had ignored that fact---Revision petition was allowed by setting aside impugned order and the matter was remanded to the Trial Court with the direction to strictly follow the law and procedure on the subject and then pass a speaking and well-reasoned order afresh.

Citation Name: 2023 PCrLJ 600 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAJJAD ALI vs ADDITIONAL SESSIONS JUDGE, MANDI BAHAUDDIN Ss — 2023 PCrLJ 600 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 PCRLJ