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

Citation Name: 2024 PCrLJ 1803 PESHAWAR-HIGH-COURTBookmark this Case Amjid Ali IHC vs State Ss — 2024 PCrLJ 1803 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 1803 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Citation Name: 2024 PCrLJ 1803 PESHAWAR-HIGH-COURTBookmark this Case Amjid Ali IHC vs State Ss
Subject matter
Criminal
Provisions referred to
S. 4; S. 491-A; S. 228; S. 186; S. 476; Court Ordinance (V of 2003); Court Ordinance

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: 2024 PCrLJ 1803 PESHAWAR-HIGH-COURTBookmark this Case Amjid Ali IHC VS State Ss. 186 & 228---Contempt of Court Ordinance (V of 2003), S.4(3)---Constitutional petition---Obstructing public servant in discharge of public functions---Respondent filed petition under S.491-A, Cr.P.C, for the recovery of his brothers detained by the police---On the direction of the Court, Bailiff visited police post to recover the detenues---Petitioner restrained the bailiff from inspection of police post thereby flouting the Court order---Consequently, petitioner was convicted and sentenced by the Additional Sessions Judge---Record showed that it was an indirect contempt which was committed at a considerable distance from the Court by the petitioner and under no canon of law the same was covered under S.228, P.P.C---Trial Court was cognizant of its jurisdiction under subsection (3) of S.4 of the Contempt of Court Ordinance, 2003, but at the same time it had misconceived the provisions of S.228, P.P.C, which only provided for contempt committed in the presence of the Court---Trial Court also found the accused guilty of commission of offence under S.186, P.P.C, and the provisions of said sections had also been reproduced in the impugned order which too was illegally proceeded under S.228, P.P.C, despite being not amenable to S.476, Cr.P.C.---Nevertheless, the Trial Court passed the sentence of imprisonment under S.228, P.P.C---Order of the Trial Court suffered from gross illegality and in utter disregard of the law on the subject, hence, the same was not sustainable---Orders of the lower Court were set aside and the matters were remanded with the direction to re-decide the same after strict adherence to the procedure---Petition was disposed of.

Other judgments reported in 2024 PCRLJ

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