Citation Name: 2023 YLR 2534 PESHAWAR-HIGH-COURTBookmark this Case TOTI RAHMAN vs State Ss — 2023 YLR 2534 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 2534 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 2534 PESHAWAR-HIGH-COURTBookmark this Case TOTI RAHMAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 139-; S. 137; S. 561-

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 YLR 2534 PESHAWAR-HIGH-COURTBookmark this Case TOTI RAHMAN VS State Ss. 133, 137, 139-a & 561-a---Constitution of Pakistan, art. 199---Thorough fare---Removal of obstruction---Non-recording of evidence---Petitioners were aggrieved of the order passed by Trial Court directing them to remove obstruction from the path in dispute---Validity---Petitioners were bound under S. 139-a, Cr.P.C. to deny existence of disputed path at the earliest---If petitioners had denied so the procedure laid down in S. 137, Cr.P.C. would have been adopted by recording evidence in the manner as provided in Chap. XX, Cr.P.C.---Petitioners failed to discharge their burden, therefore, Trial Court rightly made conditional order as absolute vide order in question---High Court in exercise of Constitutional jurisdiction under art. 199 of the Constitution as well as inherent jurisdiction under S. 561-a, Cr.P.C. declined to interfere in the order directing petitioners to remove obstruction on the path in question---Constitutional petition was dismissed, in circumstances.

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