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Official Citation: 2025 YLR 784
Court / Jurisdiction: Lahore High Court
Year of Decision: 2024
Decision Date: 2024-11-21
Parties: Anayat Ullah vs Additional Sessions Judge/Justice of Peace, and 2 others
Ruling Summary: This decision was rendered by the Lahore High Court on 2024-11-21, officially reported as 2025 YLR 784. In this matter between Anayat Ullah and Additional Sessions Judge/Justice of Peace, and 2 others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2025 YLR 784
Court Name: Lahore High Court Judge(s): Sardar Muhammad Sarfraz Dogar Title: Anayat Ullah vs Additional Sessions Judge/Justice of Peace, and 2 others Case No.: Writ Petition No. 1760 of 2024 Date of Judgment:2024-11-21 Reported As: 2025 YLR 784 Result: Order accordingly
Judgment
ORDER SARDAR MUHAMMAD SARFRAZ DOGAR, J. It is contended by learned counsel for the petitioner that respondent No.3 had obtained the impugned order dated 01.06.2024 by concealing the material facts, which is liable to be set-aside. However, learned counsel would be satisfied, if a direction is issued to the SHO/Investigating Officer concerned that upon implementation of order dated 01.06:2024 and then before proceeding further take oral as well as documentary evidence of the petitioner. 2. Be that as it may, if the order dated 01.06.2024 is implemented, then the SHO/lO concerned is directed to take the oral as well as documentary evidence of the parties, record the petitioner's version, and after providing an opportunity of hearing to all concerned, then to proceed further strictly in accordance with the provisions of law. However, it is made clear that mere registration of a criminal case is not itself enough for the SHO/lO concerned to take away the fundamental rights of any person as enshrined under Articles 9, 10 and 10-A of the Constitution of the Islamic Republic of Pakistan, 1973, without sufficient incriminating material against the accused Reliance is placed upon the dictum laid down by the Hon'ble Supreme Court of Pakistan in the case of Haider Ali and another v. DPO Chakwal and others (2015 SCMR 1724). Learned Law Officer shall ensure compliance of this Court's order. 3. With these observations, the instant petition is disposed of accordingly.