Ishfaq Ahmad vs Additional Sessions Judge S — 2025 YLR 972 LAHORE-HIGH-COURT-LAHORE

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Ishfaq Ahmad VS Additional Sessions Judge S. 403---Constitution of Pakistan, Art. 13---Quashing of order---Double jeopardy---Scope---Applicant was aggrieved of an order passed by Trial Court whereby DPO was directed to register a case against the petitioner/ complainant in respect of offence under S.302 P.P.C---Held, that perusal of the record revealed that the petitioner got registered case FIR. in respect of offences under Ss. 302, 324, 186, 427 & 34 P.P.C, stating therein that deceased had died due to firing made by accused "AA" and after investigation of the case, report under S.173 Cr.P.C. was submitted against said "AA"---Said "AA" was tried by the trial Court, however, he was acquitted of the charges but while passing the judgment, the trial Court issued a direction to the D.P.O. to register a case against the petitioner in respect of offence under S.302 P.P.C with regard to qatl-i-amd of deceased---It was an admitted fact that "AA" also filed a private complaint against the petitioner as well as eleven other co-accused in respect of offences under Ss.302, 364, 149, 148 and 109,. P.P.C with the allegations that the petitioner and his co-accused had committed the qatl-i-amd of deceased after abducting him---Petitioner and co-accused were summoned to face the trial of the said case and after completion of trial, the trial Court acquitted the petitioner and other co-accused of all the charges against them---Case which was lodged by the petitioner himself in respect of the offences under Ss.302, 324, 186, 427 & 34 P.P.C with regard to qatl-i-amd of deceased was also decided on the same day by the trial Court, however, while passing the said judgment it was directed that a case be registered against the petitioner in respect of an offence under S.302, P.P.C. for committing qatl-i-amd of the deceased---It was apparent from the perusal of record, case FIR and the private complaint, that both related to the allegation regarding the abduction and qatl-i-amd of deceased and the petitioner was acquitted after trial of the charge of abduction and qatl-i-amd of deceased, however, by way of the judgment in the case instituted upon the police report, a direction was issued to register a case against the petitioner for the qatl-i-amd of deceased which simply could not have been done under Art.13 of the Constitution, as well as provisions of Section 403 Cr.P.C.---Both Art.13 of the Constitution as well as provisions of S.403 Cr.P.C. provided that a person could not be tried for the allegation of committing an offence more than once for the same offence---Said provisions of law had been based on the legal maxim "nemo debet dis vexari pro una et eadem causa" (it is a rule of law that no person shall be twice vexed for one and the same cause)---In the present case, the impugned direction as issued by the Trial Court militated against both Art.13 of the Constitution and S.403 Cr.P.C.---Petition was allowed by setting aside the impugned order.

Ishfaq Ahmad vs Additional Sessions Judge S — 2025 YLR 972 LAHORE-HIGH-COURT-LAHORE

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