Kashif Nawaz vs State S — 2026 PCrLJ 957 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 PCrLJ 957 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: PCRLJ
Parties: Kashif Nawaz vs State S
Subject matter: Criminal
Provisions referred to: S. 180---; S. 481; S. 482; S. 480; S. 413; S. 180; S. 486; 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

Kashif Nawaz VS State S.180--- Criminal Procedure Code (V of 1898), Ss. 195, 480, 482 & 486--- Refusing to sign charge sheet--- Appreciation of evidence--- Contempt of Court--- Petty offence, appeal against--- Maintainability--- Accused was convicted and sentenced by Trial Court for not signing charge sheet framed against him--- Plearaised by authorities was that appeal was not maintainable as it was a petty offence--- Validity--- If Trial Court considered that any disobedience to its order was committed pursuant to sections mentioned therein then the offender could be imposed a fine of Rs.200/- only after following the procedure under S.481, Cr.P.C. but if the Court had considered that more severe sentence was to be imposed then the Court should have sent the complaint to Magistrate for the purpose of trial under S.482, Cr.P.C.--- Procedure prescribed in S.482, Cr.P.C. had not been followed, rather the Trial Court had directly passed conviction and sentence of imprisonment for 15 days, though the Court was not authorized under S.480, Cr.P.C. nor Trial Court had sent the complaint to Magistrate--- High Court set aside conviction and sentence awarded to accused as the same was nullity in the eyes of law--- High Court repelled the plea of authorities that in petty offences no appeal laid as per mandate of S.413, P.P.C. because when an offender was punished under S.180, P.P.C. pursuant to S.480, Cr.P.C. then appeal against such order was provided under S.486, Cr.P.C.--- High Court acquitted the accused as appeal was competent against conviction and sentence passed by Trial Court--- Appeal was allowed, in circumstances.

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