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WAHEED GUL vs ROKHAN SHAH Ss — 2024 PCrLJ 76 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 76 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
WAHEED GUL vs ROKHAN SHAH Ss
Subject matter
Criminal
Provisions referred to
S. 249-; S. 265-K; S. 417; 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

WAHEED GUL VS ROKHAN SHAH Ss. 249-a, 265-K & 417---Constitution of Pakistan, art. 10-a---acquittal invoking provisions of S. 249-a or S. 265-K, Cr.P.C.---Scope---Complainant preferred appeal against the acquittal order/judgment passed by the Judicial Magistrate on application under S. 249-a, Cr.P.C. moved by the accused persons (respondents)---Plea of the appellant/complainant was that as many as six witnesses, including himself, had already adduced evidence and Trial Court could not decide the case without recording evidence of the concerned doctor as well as Investigating Officer---Validity---Under art. 10-a of the Constitution, due process of law had been recognized and acknowledged as one of the fundamental right of every person, however in the present case, the same had been denied to the appellant/complainant as legally he should have been provided a reasonable and fair opportunity to prosecute the person(s) who he had nominated as accused of offences, but the record of the case spoke otherwise as he had been deprived of the prescribed process of the law without any fault on his part---High Court set aside the impugned acquittal order and remanded the case back to the Trial Court to decide the same on merits after recording remaining evidence or/and at least recording statements of the concerned doctor and Investigating Officer---appeal under S. 417 of the Criminal Procedure Code, 1898, preferred by the complainant was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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