Molvi LIAQAT ALI vs MOHAMMAD ISHAQUE arts — 2024 PLD 29 FEDERAL-SHARIAT-COURT

Case information

Citation: 2024 PLD 29 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2024
Reporter: PLD
Parties: Molvi LIAQAT ALI vs MOHAMMAD ISHAQUE arts
Subject matter: Criminal
Provisions referred to: 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

Molvi LIAQAT ALI VS MOHAMMAD ISHAQUE arts. 10a & 203DD---Criminal Procedure Code (V of 1898), Ss. 200 & 439---Private complaint---Due process and right of fair trial---Scope---Petitioner/complainant was aggrieved of dismissal of his complaint as right of hearing was not provided to him---Validity---Principles of due process and right of fair trial include opportunity of full audience to both parties---No such opportunity was granted to petitioner/ complainant by Trial Court---Trial Court was required to investigate veracity and sufficiency of evidence, which could lead to accuracy in proof of facts and circumstances---Next step was evidence appreciation which could only be ensured by Trial Court itself through the process, proceedings and trial in accordance with relevant law and procedure---Trial Court decided the matter in haste without recording of evidence and without extending right of audience to petitioner/complainant---Federal Shariat Court set aside order passed by Trial Court, as the same suffered from illegality---High Court remanded the matter to Trial Court for decision afresh after providing full opportunity to petitioner/complainant of hearing as well submission of evidence and production of witnesses---Revision petition was allowed accordingly.

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