IMRAN AHMAD KHAN NIAZI vs State Ss — 2024 PLD 41 ISLAMABAD

Case information

Citation: 2024 PLD 41 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: PLD
Parties: IMRAN AHMAD KHAN NIAZI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 173; A---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

IMRAN AHMAD KHAN NIAZI VS State Ss.5 & 9---Constitution of Pakistan, Art. 10-A---Criminal Procedure Code (V of 1898), Ss. 241-A & 439---Wrongful communication, etc., of information and incitements---Fair trial and due process of law---Supply of statements and documents to accused---Principle---Accused was aggrieved of non-supply of copy of cypher which he asserted to be a fundamental document of the prosecution case against him---Validity---It is right of an accused to receive copies of all statements made under Ss. 161 & 164, Cr.P.C. and inspection notes recorded by investigating officer and other documents---Such right is not absolute and is subject to proviso that where disclosure of any information is inexpedient in public interest, such part of statement can be excluded from copy of statement furnished to accused---All documents, which were part of report under S. 173, Cr.P.C. were supplied to accused---If any document was not part of challan/report under S. 173, Cr.P.C., which according to accused, was a fundamental document, the effect thereof would be examined by Trial Court subsequently---Accused could also request for summoning of a particular document, if he felt that such document was a fundamental document---High Court directed Trial Court to ensure due compliance of Art. 10-A of the Constitution and declined to interfere in the matter---Revision was dismissed in circumstances.

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