Pakistan Case Lawโ† Search
1984 P Cr. L J 922

HUHAMMD HUSSAIN vs THE STATE

Citation1984 P Cr. L J 922
CourtLahore High Court
Case No.Criminal Revision No, 6 of 1983
Date1983-01-24
Judge(s)Muhammad Munir Khan
ResultRevision dismissed

ORDER

' This Criminal Revision arises from the order of the learned Special Judge Anti-Corruption, Sahiwal, whereby he on 21st September, 1982 summoned Muhamtnad Hussain, petitioner, as an accused person to face trial in case under section 420/466/471/468/109, P. P. C. Pending adjudication before him.

2. The learned counsel for the petitioner submits that since Muhammad Hussain was a witness in that case the trial Court was not legally competent to summon him as an accused person without first having obtained necessary sanction for his prosecution from the concerned authority.

3 After hearing the learned counsel who has not been able to refer to any specific provision of law prohibiting the trial Court to summon witness as an accused person without first having obtained sanction for prosecution, I am of the considered view that the trial Court while trying the case was quite competent to take cognizance and summon the petitioner upon information received from any witness or upon his own knowledge or suspicion that such offence has been committed by the petitioner. I further find that the trial Court after having taken cognizance had informed the petitioner that he was entitled to have the case tried by another Court and it was on the choice of the petitioner that the case was transferred to learned Special Judge, Anti-Corruption, Multan.

4. For what has been stated above there being no merit in this revision, the same is dismissed in limine.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch