PARVEZ ELAHI vs ADDITIONAL SESSIONS JUDGE Ss — 2024 PCrLJ 55 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 PCrLJ 55 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: PCRLJ
Parties: PARVEZ ELAHI vs ADDITIONAL SESSIONS JUDGE Ss
Subject matter: Criminal
Provisions referred to: S. 5; S. 435; S. 439-; S. 561-; Penal Code (XLV of 1860); Criminal Procedure Code

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

PARVEZ ELAHI VS ADDITIONAL SESSIONS JUDGE Ss. 435, 439-a & 561-a---Penal Code (XLV of 1860), Ss. 420, 468, 471, 161 & 162---Prevention of Corruption act (II of 1947), S. 5(2)---Cheating, forgery, taking illegal gratification by corrupt or illegal means and criminal misconduct---First physical remand---Refusal---Scope---accused was denied first physical remand by Magistrate but Lower appellate Court in exercise of revisional jurisdiction set aside the order---Validity---Order passed by Magistrate refusing remand was a judicial function and under S. 435, Cr.P.C., the Court superior to the one refusing remand could exercise jurisdiction of revision---Magistrate in some apparent haste refused physical remand on very first day when accused was produced before him---Lower appellate Court rightly intervened after examination of record of proceedings of the inferior Court and after satisfying itself exercised its jurisdiction under S. 435 read with S. 439-a, Cr.P.C.---Matter had been dealt in detail by Lower appellate Court by giving cogent reasons---High Court declined to interfere in the matter as there was no ground to exercise inherent powers of S. 561-a, Cr.P.C., to give effect to any order under Criminal Procedure Code, 1898 or to prevent abuse of any Court---Revision was dismissed, in circumstances.

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