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K.L.R 1998 Criminal Cases 31

MUHAMMAD SIDDIQUE vs THE STATE

CitationK.L.R 1998 Criminal Cases 31
CourtLahore High Court
Case No.Crl. Revision No. 199 of 1997
Date1997-10-31
Judge(s)Mian Saeed-ur-Rehman Farrukh
ResultN/A

ORDER

SAEED-UR-REHMAN FARRUKH, J-This revision petition is directed against the order of the learned Additional Sessions Judge dated 8-4-1997 whereby the application moved by the petitioner, real brother of Muhammad Saleem accused, for his examination by a doctor was turned down. Earlier application for the examination of Muhammad Saleem was accepted by the learned Additional Sessions Judge on 6-11-1995 and the accused was directed to be presented before a medical board who reported that he was fit to stand trial and that he did not suffer from any mental disease. The present application has been. Dismissed by the learned Additional Sessions Judge solely on the ground that since the accused has been found to be fit to stand trial earlier, there was no necessity for his re-examination.

2. After some arguments, it is agreed that the learned Additional Sessions Judge be directed to get Muhammad Saleem medically examined by a doctor in the mental hospital, Lahore, and further proceedings should take place in the light of the said report.

3. The case was registered as far back as on 22-11-1994 and is still at initial stages as no prosecution evidence has been recorded so far.

4. In this view of the matter, this revision petition is accepted and after setting aside the impugned order, the learned Additional Sessions Judge is directed to get Muhammad Saleem, accused examined from the Mental Hospital, Lahore within a period of one week from the date of receipt of this order and thereafter conclude the trial within a further period of to weeks subject to the condition that Muhammad Saleem is reported to be fit to stand trial. The learned Additional Sessions Judge shall submit compliance report ta the Deputy Registrar (Judl), of this court.

Disposed of.

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