State vs WAQAR AHMAD Ss — 2023 PLD 1 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PLD 1 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PLD
Parties: State vs WAQAR AHMAD Ss
Subject matter: Criminal
Provisions referred to: S. 526

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

State VS WAQAR AHMAD Ss.172, 182, 185(1)& 526---High Court (Lahore) Rules and Orders, R.3, Chapter 26, Vol. III---Reference---Place of trial---Determination---Principle---Transfer of case---Dispute was with regard to trials of two criminal cases arising out of two FIR registered at two different districts "M" and "C" about abduction of a person from one district and his murder in other---Validity---When an offence was committed in parts in two different areas, or continued to be committed in more local areas, then it was prerogative of either of the Courts to take cognizance of the matter having jurisdiction over any of such areas---Legislation itself had conferred concurrent jurisdiction upon both the Courts to adjudicate upon the matter in respect of the offences which were / had been committed in their respective jurisdiction---On the touchstone of Rule 3 of Chapter 26 of Volume III of High Court (Lahore) Rules and Orders, it was also to be seen as to which Court was more suitable for both the parties---Both the parties and complainant party as well as prosecution witnesses hailed from District "C" therefore the Court who took cognizance of the matter regarding abduction of the deceased was more suitable to also adjudicate upon the matter regarding murder of the abductee---High Court in exercise of jurisdiction/ power as envisaged under S. 526, Cr.P.C. transferred case pending at district "M" to Court at district "C"---Reference was answered accordingly.

Other judgments reported in 2023 PLD

2023 PLD 431 SUPREME-COURTPAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (PEMRA) VS ARY COMMUNICATIONS PRIVATE LIMITED (ARY DIGITAL) R. 4---Councils of Complaints---C…
2023 PLD 431 SUPREME-COURTPAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (PEMRA) VS ARY COMMUNICATIONS PRIVATE LIMITED (ARY DIGITAL) arts. 19 & 19a---Tolerance---Cons…
2023 PLD 174 SUPREME-COURTS.D.O./A.M., Hasht Nagri Sub-Division, PESCO, Peshawar VS KHAWAZAN ZAD S. 99 & O.I, R. 10---Misjoinder of parties---Curable defect---Misjoin…
2023 PLD 588 SUPREME-COURTNADIA NAZ VS The PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD art. 188---Review of judgments by the Supreme Court---Grounds---Error…
2023 PLD 536 SUPREME-COURTGUFRAN ALI VS HASEEB KHAN S. 8(1)---Juvenile---Determination of age---Ossification test---Scope and significance of ossification test in det…
2023 PLD 516 SUPREME-COURTA. RAHIM FOODS (PVT.) LIMITED VS K&N'S FOODS (PVT.) LIMITED S. 10(2)(d)---Deceptive marketing practices, action for---Pre-requisites---Regis…

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