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Mst. Arfa vs Aftab Muhammad S — 2024 MLD 2026 PESHAWAR-HIGH-COURT

Case information

Citation
2024 MLD 2026 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
MLD
Parties
Mst. Arfa vs Aftab Muhammad S
Subject matter
Criminal
Provisions referred to
S. 5

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

Mst. Arfa VS Aftab Muhammad S.5 & Sched.---Constitution of Pakistan, Art.199(1)(a)(ii)---Writ of certiorari---Scope---Husband and wife assailed judgments and decrees of courts below through separate constitutional petitions---Conflicting findings of the Courts below---Preference to be given to findings of Appellate Court---For issuance of writs of certiorari to declare the judgments and decrees of courts below as illegal and unlawful, it is required under the law to show lack of jurisdiction or excess of jurisdiction or illegal exercise of jurisdiction vested in the fora below to warrant interference by High Court under its constitutional jurisdiction---If the findings of the courts below are in conflict with each other, then preference should be given to the findings recorded by the first Appellate Court---Record of the case, prima facie, supported the judgment of the Appellate Court, which was well-reasoned, based on correct appreciation of material placed on the case file, and was in conformity with the law on the subject and did not suffer from any misreading and non-reading of the existing material on file or was not the result of misapplication of law on the subject---Constitutional petitions were dismissed, accordingly.

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