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2010 SCMR 937

MUHAMMAD GHAUS vs THE STATE

Citation2010 SCMR 937
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 196-L of 2009
Date2009-04-02
Judge(s)Mian Hamid Farooq, Syed Zawwar Hussain Jaffery
ResultLeave refused

ORDER

' SYED ZAWWAR HUSSAIN JAFFERY, J.---This petition, under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, has been filed against the order, dated 10-2-2009, whereby petitioner's petition was disposed of with the direction to the learned trial Court to conclude the trial of the case expeditiously as possible preferably within a period of three months.

2. Malik Rab Nawaz, learned counsel for the petitioner, submits that F.I.R. Was lodged on 24-3-2008, after seven days of the occurrence, which took place on 17-3-2008 which casts serious doubts on the genuineness of the facts of the case; that the offence under section 320, P.P.C. Attracted which is bailable; that it is negligence on the part of the motorcycle riders, who were three in numbers, were riding motor cycle without having driving licence, that the order passed by learned High Court is not supported with reasons as also suffers from non appreciating the material in its true perspectives. Hence, leave to appeal may be allowed.

3. Mr. Alamgir, learned A.P.G. Has opposed the contentions put forward by learned counsel for the petitioner.

4. Having heard learned counsel for the petitioner as also learned A.P.G., appearing on behalf of the State, and gone through the entire material available on record, we are of the view that learned High Court has already issued direction to the learned trial court which shall conclude the trial of the case within a period of three months. However, the learned trial court shall proceed with the trial of the case expeditiously, which, in our opinion, is a sufficient period and will meet the ends of justice.

5. Resultantly, the present petition having no force of law is dismissed and leave to appeal refused.

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