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Asif Atta vs State Ss — 2025 PCrLJ 1730 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PCrLJ 1730 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PCRLJ
Parties
Asif Atta vs State Ss
Subject matter
Criminal
Provisions referred to
S. 489-F; S. 174; S. 195; S. 200

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

Asif Atta VS State Ss. 174, 175 & 195(1)(a)---Jurisdiction of Court---Appellant/ accused, who was Investigating Officer in a criminal case in a pending petition for cancellation of pre-arrest bail granted to accused of that case registered under S.489-F, P.P.C., before Sessions Court, was directed to produce said accused before the Court and on his failure many times he was issued a warning and then a show cause notice as to why he should not be sentenced to seven days imprisonment under S.174, P.P.C. for not complying with the orders of the Court, but the appellant again did not appear---Thus, appellant was convicted and sentenced for seven days---Validity---Trial Court had sentenced the appellant under S.174 of P.P.C. for his failure to produce the accused against whom notice was issued on a petition for cancellation of his bail---S.174 Cr.P.C falls in category of offences mentioned in S.195, subsection (1), clause (a), Cr.P.C therefore, Trial Court was not authorized to sentence the appellant by itself, rather complaint should have been forwarded to the Magistrate having jurisdiction in the matter and on receiving such complaint concerned Magistrate is not required to record statement of the Judge as mentioned in S.200 of Cr.P.C., rather has to the process contained in S.200 to 204, Cr.P.C., and provisions relating to trial as the case may be---Thus, the Trial Court was not legally authorized to pass the impugned order---Consequently, it was set aside---Appeal was allowed, accordingly.

Other judgments reported in 2025 PCRLJ

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