QADAR BAKHSH AND 3 Others vs The STATE — 1958 PLD 275

Citation: 1958 PLD 275

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-11

Parties: QADAR BAKHSH AND 3 Others vs The STATE

Headnotes

Case cited as PLD 1958 SC 275

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: QADAR BAKHSH AND 3 Others vs The STATE Case No.: Petition for Special Leave to Appeal No. 85 of 1970 Date of Judgment:1970-05-11 Reported As: 1970 SCMR 795 Result: Leave granted Judgment ORDER M. R. KHAN, J.-The petitioners have been committed to the Court of Sessions by the District Magistrate, Mekran to stand their trial for the offence of murder under section 302 read with section 34 of the Pakistan Penal Code. The petitioners moved before the Sessions Judge, Qalat, a petition under section 435 and 438 of the Criminal Procedure Code for the quashment of the order of commitment, but the petition was dismissed. The petitioners then moved the High Court for the same purpose, but the High Court also declined to interfere with the order of commitment on the ground that no prejudice was caused to the petitioners. The petitioners have now come with this petition for special leave to appeal against the decision of the High Court. The following three grounds have been urged in support of the petition for special leave:- (i) That some of the prosecution witnesses were left unexamined by the committing Court. (ii) That after the framing of the charge, the committing Court did not call upon all the petitioners to give a list of defence witnesses. (i.e) That the committing Court did not examine any of -the petitioners as required under section 209 of the Criminal Procedure Code. Of these…

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