Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD YOUSUF VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 503
[Federal Shariat Court]
Before Gul Muhammad Khan, C.J. and Syed Shujaat Ali Qadri, J
MUHAMMAD YOUSUF--Petitioner
versus
THE STATE--Respondent
Criminal Revision No. 79/1, of 1986, decided on 17th February, 1987.
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--
---Ss. 10 & 16--Zina--Sessions Court showing his inability to proceed with case as none of accused persons could be apprehended and produced--Various provisions of law by which accused could be got apprehended and tried not taken into consideration by Sessions Court--Investigating Officer present in Court and assuring to apprehend accused by making all possible efforts--Case remanded to Sessions Court for trial.
M. Aslam Riaz for Petitioner. Muhammad Iqbal Chaudhary for the State.
ORDER
GUL MUHAMMAD KHAN, C.J.--The three respondents are accused of offence under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. They are being tried by Mr. Siddiq Javed, Additional Sessions Judge, Toba Tek Singh. He, however, found himself unable to proceed with the matter as none of the three accused persons had been-apprehended and produced before him. It appears that the learned Additional Sessions Judge, had not taken into consideration the various provisions of law by which such persons can be got apprehended and tried. Mr. Apwar-ul-Haq, / Sub-Inspector, Toba Tek Singh, is present before us and states that he will personally take steps and make all possible efforts to apprehend the three accused persons and produce before the Court so that they are tried in accordance with the law. In this view of the matter, I set aside this order, send this case back to the learned Sessions Judge, Toba Tek Singh, who himself will try this case.
M.Y.H./381/F.Sh. Case remanded.