NIAZ AHMED vs AIJAZ AHMED Ss — 2024 PLD 1152 SUPREME-COURT

Case information

Citation: 2024 PLD 1152 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: PLD
Parties: NIAZ AHMED vs AIJAZ AHMED Ss
Subject matter: Criminal

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

NIAZ AHMED VS AIJAZ AHMED Ss. 249-a & 265-K---Words "at any stage"---Evaluation of evidence---Probability of conviction---Scope---Words "at any stage" used in sections 247-a and 265-K, Cr.P.C. include stages before or after framing of charge or after recording of some evidence---Only condition required to be fulfilled is adherence to principle of audi alteram partem, ensuring that both parties are heard and afterwards if Court considers that there is no probability of conviction of accused, it may take appropriate action---Provision of section 265-K, Cr.P.C. is designed to prevent unnecessary trials when conviction is unlikely---available evidence, whether presented or pending, must be carefully evaluated to assess possibility of conviction---Evidence must be thoroughly examined rather than just briefly reviewed---Conscious application of judicial mind is mandatory for assessment of incriminating material collected during the course of investigation in order to test the same on the touchstone of "probability".

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