PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Hamayun Ashraf Awan vs Bilal Faisal Amin S — 2024 PCrLJ 1746 ISLAMABAD

Case information

Citation
2024 PCrLJ 1746 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
PCRLJ
Parties
Hamayun Ashraf Awan vs Bilal Faisal Amin S
Subject matter
Criminal
Provisions referred to
S. 249-; S. 182---C; S. 182; Penal Code (XLV of 1860)

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

Hamayun Ashraf Awan VS Bilal Faisal Amin S.249-a---Penal Code (XLV of 1860), S.182---Constitution of Pakistan, art. 199---acquittal order, assailing of---Writ of certiorari---Scope---Police concluded that the application filed by complainant was not based on facts, and started proceedings under S.182 P.P.C. by chalking out a Qalandra against him, however, during the proceedings before the Trial Court his application under S.249-a, Cr.P.C, was accepted---Petitioner /accused filed present constitutional petition as his revision petition filed against the acquittal order was dismissed by Sessions Court---Validity---Writ of certiorari is only available to quash a decision for an error of law---It will also be issued for correcting errors of jurisdiction when an inferior Court or a tribunal acts without jurisdiction or in excess of its jurisdiction, or fails to exercise its jurisdiction, or where the Court or a tribunal acts illegally in exercise of its undoubted jurisdiction and it decides a matter in violation of the principle of natural Justice---High Court while issuing a writ of certiorari acts in exercise of supervisory and not appellate jurisdiction ---High Court in exercise of its constitutional jurisdiction will not review the findings of facts reached by the inferior Court or a tribunal---Petitioner hasfailed to point out as to how the concurrent findings of the Courts below were the consequence of error of law or were without jurisdiction or in excess of jurisdiction---Constitutional petition , being meritless , was dismissed in limine.

Other judgments reported in 2024 PCRLJ

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