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1993 SCMR 892

THE STATE vs IFTIKHAR AHMAD alias PUPPI and 7 others

Citation1993 SCMR 892
CourtSupreme Court of Pakistan
Case No.Criminal Appeal 1/13.67/SAC/L of 1992
Date1993-02-24
Judge(s)Raja Afrasiab Khan, Abdul Majeed Tiwana, Muhammad Rafiq Tarrar
ResultCase remanded

' JUSTICE MUHAMMAD RAFIQ TARAR, (CHAIRMAN).---This appeal by the State is directed agairist the order of the learned Special Court for Speedy Trials-I, Lahore whereby fmding "no ground to proceed with the trial so as to frame a regular charge" the respondents were discharged. The respondents were accused for the murders of Anwar and Sarwar, the deceased reasons.

2. Learned State counsel submits that there is evidence of last seen against Iftikhar and of extra- judicial confession against Iltaf Hussain and Muhammad Arif who also named Mahfooz as their associate in the crime. He submits that there was no justification for dropping the proceedings without providing opportunity to the prosecution to produce its evidence.

3. The material collected by the investigating agency against the aforesaid accused persons has been read out before us by the learned State counsel. After hearing him we are in agreement with him that there was no justification to throw away the case without affording a fair opportunity to the prosecution to adduce its evidence. We, therefore, allow the appeal against Iftikhar, Iltaf Hussain, Muhammad Arif and Mahfooz respondents and remand the case to the trial Court for proceeding in accordance with the law. The appeal against the remaining respondents is dismissed as the learned counsel concedes that the prosecution is not in possession of any evidence against them. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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