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Fazal Noman Sabir vs Haji Abdul Khaliq Awan Ss — 2024 PCrLJ 2072 ISLAMABAD

Case information

Citation
2024 PCrLJ 2072 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
PCRLJ
Parties
Fazal Noman Sabir vs Haji Abdul Khaliq Awan Ss
Subject matter
Criminal
Provisions referred to
S. 512---P; Criminal Procedure Code (V of 1898)

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

Fazal Noman Sabir VS Haji Abdul Khaliq Awan Ss. 3 & 4---Criminal Procedure Code (V of 1898), S. 512---Prevention of illegal possession of property---Trial in absentia---Scope---Application of petitioner for abatement of entire proceedings in the case due to death of his father, (one of the accused) and on account of declaration of two other accused persons as proclaimed offenders, was dismissed---Validity---Section 512, Cr.P.C., provided that if an accused person had absconded and there was no immediate prospect of arresting him, the Court competent to try such person for the offence complained of may, in his absence, examined the witnesses (if any) produced on behalf of the prosecution and record their depositions---Any such depositions may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he was charged---Said provision was self-explanatory whereunder trial Court was vested with authority to record evidence in absence of absconding accused---Even otherwise, trial/proceedings in complaint under the Act of 2005 were to be conducted in letter and spirit of the provisions particularly Ss.3, 7 and 8 of the Act of 2005, which entailed in-built mechanism to conduct proceedings and to conclude the same in due course---In view of above, impugned order appeared to be in accordance with law on the subject---Petition being devoid of merits was dismissed with the directions that matter to the extent of conviction of petitioner's father had been over on account of his death and proceedings to the extent of absconding accused shall be carried out in accordance with the provisions on the subject.

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