Sheraz Ahmad vs State S — 2024 MLD 1942 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 MLD 1942 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: MLD
Parties: Sheraz Ahmad vs State S
Subject matter: Criminal
Provisions referred to: S. 265-C---S; S. 265-C; S. 173

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

Sheraz Ahmad VS State S. 265-C---Supply of documents to the accused---Accused's right to fair trial---Scope---Accused moved an application under S. 265-C, Cr.P.C., for obtaining copies of documents appended with the report under S.173, Cr.P.C, but same was declined---Validity---In the present case, the allegation against the petitioners was that they shared some objectionable posts in a WhatsApp Group---Complainant/respondent No.2 happened to be a member of that group so he took screenshots of these messages and submitted them to the FIA with his complaint upon which the proceedings against the petitioners and their co-accused were initiated---During investigation laptops and cell phones of petitioners were seized and sent for forensic examination---Petitioners sought copies of the initial complaint, WhatsApp messages and the forensic reports---Evidently the prosecution case was founded on these documents and the petitioners could not prepare their defence without them---Even if there was some public interest in withholding them, it could not outweigh the petitioners' right to fair trial---Petition was accepted by setting aside impugned order.

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