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Petitioner: SARDAR KHAN VS Respondent: MUHAMMAD HANIF and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: SARDAR KHAN vs MUHAMMAD HANIF and others Case No.: Civil Petition for Special Leave to Appeal No,1082 of 1984 Date of Judgment:1988-11-27 Reported As: 1989 SCMR 500 Result: Leave granted
Judgment ORDER ' JAVID IQBAL, J.--This petition for leave is directed against judgment of the Lahore High Court, Lahore dated 7th October, 1984 whereby writ petition of the respondents was accepted. ' Briefly the facts are that a case was registered against the respondents under section 307/109/148/149/506, P.P.C., but they were acquitted of the aforesaid charges by Magistrate Section 30, Jhang. Thereupon the petitioner i.e, complainant side brought a revision petition before the Additional Sessions Judge who arrived at the conclusion that since the trial Court had recorded the evidence without framing any charge against the accused persons, the trial had been vitiated. He, therefore, remanded the case to the Magistrate with the direction that charge be framed and evidence be recorded afresh. The accused party then challenged the aforesaid order by way of writ petition which was accepted as stated above. Hence the present petition by the petitioner complainant. After hearing learned counsel at some length we grant leave in this case to examine the following questions:-- (i) Whether by omission to frame a charge, alone the acquittal could have been set aside on the asking of the complainant party; (ii) Whether the Sessions Court had no jurisdiction to set aside acquittal and order retrial under section 439-A, Cr.P.C. And (iii) Whether the High Court judgment notwithstanding any legal defect should be disturbed.