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Petitioner: IJAZ HUSSAIN VS Respondent: NASIR AHMAD
1997 P Cr
1997 P Cr. L J 34
[Lahore]
Before Ahmad Saeed Awan, J
IJAZ HUSSAIN ---Appellant
Versus
NASIR AHMAD and 8 others---Respondents
Criminal Appeal No.86 of 1995, decided on 9th June, 1996
Penal Code (XLV of 1860)---
----S. 295/307/326/336/148/149---Criminal Procedure Code (V of 1898), S.417(1)---Appeal against acquittal---Appellant personally appeared in the Court and made a false statement that his counsel being ill was not in a position to attend the Court---Appellant had not come to the Court with clean hands and there was no other alternative except to dispose of the appeal for non- prosecution without touching upon its merits, as the counsel was fully aware of the date fixed for hearing of the appeal but had deliberately and without reasonable cause remained absent---Appeal was dismissed for non-prosecution accordingly.
Muhammad Ramzan v. Allah Ditta and others 1982 SCMR 215 ref.
Appellant in person
Khadim Hussain Bhatti for the State. Respondents in person.
ORDER
In the early hours of the day, when the case was called learned counsel for the petitioner did not appear and petitioner himself appeared and made a statement that his counsel is ill and is not in a position to attend the Court.
2. I directed my staff to verify the fact whether Mr. Muhammad Yaqoob Sheikh, Advocate is ill from Sessions Judge, Sialkot. The learned Sessions Judge, Sialkot has intimated that Mr. Muhammad Yaqoob Sheikh, Advocate is not suffering from any disease and is sitting in his office. I am constrained to observe that the petitioner has made a false statement before this Court. Taking a lenient view, I am riot minded to take action against the petitioner for making a false statement in the Court. Even otherwise the petitioner has not come to the Court with clean hands, I have no other alternative except to dispose of the petition for non-prosecution without touching upon its merits. In view of the dictum laid down in case Muhammad Ramzan v. Allah Ditta and others 1982 SCMR 215 as the learned counsel for the petitioner was fully aware of date fixed for its hearing but deliberately and without reasonable cause, absented today, therefore, the appeal is dismissed.
N.H.Q./I-10/L. Appeal dismissed.