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1998 SCMR 643

Sufi MUKHTAR AHMAD vs THE STATE and others

Citation1998 SCMR 643
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,196 of 1996 Criminal Appeal No,200 of 1995
Date1997-12-12
Judge(s)Muhammad Arif, Mamoon Kazi, Ajmal Mian
ResultLeave granted

ORDER

' CH. MUHAMMAD ARIF, J.---Petitioner, who is first informant in case F.I.R. No,116 of 1991 dated 27-3- 1991 registered under section 337A(ii)/337-A(iii)/34, P.P.C. At Police Station Saddar Jhelum, has sought leave to appeal against judgment dated 24-11-1996 of a learned Judge of Lahore High Court, Rawalpindi Bench, declining to set aide the acquittal of the accused directed by the Trial Magistrate vide order dated 4-6-1995.

2. The case of the petitioner is that after submission of the challan by the prosecution the matter remained under trial ever since 27-3-1991 and except for recording the statements of only three witnesses by it, no other effort whatsoever was made to produce other evidence and the same was closed without even so much so resorting to coercive measures in this regard.

3. After hearing the petitioner in person, we are inclined to grant leave to consider the question whether in a police-challan case, the same can be finalized in favour of the accused simply on the ground that evidence has not been produced in its entirety without even so much as noticing that the Trial Court was under the dictate of law required to secure the attendance of the prosecution witnesses by resorting to coercive measures in that regard? Order accordingly.

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