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Sheikh NADEEM ANWAR vs ILLAQA MAGISTRATE S — 2025 PLD 496 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLD 496 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLD
Parties
Sheikh NADEEM ANWAR vs ILLAQA MAGISTRATE S
Subject matter
Criminal
Provisions referred to
S. 9; S. 406---C; S. 173---C; Penal Code (XLV of 1860); 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

Sheikh NADEEM ANWAR VS ILLAQA MAGISTRATE S. 9 (7) ---Police Rules, 1934, Rr. 24.7 & 25.57---Penal Code (XLV of 1860), S. 406---Criminal Procedure Code (V of 1898), S. 173---Constitution of Pakistan, Art. 199---Constitutional petition---Criminal breach of trust---Closure of case---Words "due consideration to such submission"---Connotation---Petitioner was aggrieved of cancellation report submitted by police with regard to FIR registered against accused---Validity---Words "due consideration to such submission" have strong connotation that Court cannot simply ignore it rather while disagreeing with opinion of prosecutor, it has to give reasons---Administrative opinion or opinion in official capacity does not bind Court to give reasons for disagreement rather it is regulated by discretion of Court to consider it or not consider it---In the present case Trial Court had thought it appropriate not to consider it which could not be termed as an illegality---High Court declined to interfere in order passed by Trial Court as the same was perfect---Petitioner was not non-suited rather had an alternate efficacious remedy of filing of private complaint---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2025 PLD

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