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Petitioner: LAL BAHA VS Respondent: ABDUL SAMADHonorable Justice ABDUS SATTARAbdul Majid Khan,Nemo
1969 P Cr
1969 P Cr. L J 237
[Supreme Court]
Present : Muhammad Yaqub Ali, Sajjad Ahmad and Abdus Sattar, JJ
Mst. LAL BAHA‑Petitioner
Versus
ABDUL SAMAD AND ANOTHER‑Respondents
Criminal Petitions for Special Leave to Appeals Nos. 65 and 112 of 1968, decided on 11th October 1968.
(On appeal from the judgments and orders of the High Court of West Pakistan, Peshawar Bench, dated the 22nd January 1968 and 26th February 1968, in Criminal Miscellaneous No. 371 of 1967 and Criminal Miscellaneous No. 30 of 1968).
Penal Code (XLV of 1860)---------S. 302 and Criminal Procedure Code (V of 1898), S. 561‑A‑Whether High Court was justified in quashing proceedings under S. 302, P. P. C.‑Special leave to appeal granted by Supreme Court to consider question.
Raja Haq Nawaz v. Sakhi Muhammad P L D 1967 S C 354 ref.
Abdul Majid Khan, Advocate Supreme Court instructed by Sh. Abdul Karim, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 11th October 1968.
ORDER
ABDUS SATTAR, J.‑This order will cover Criminal Petitions Nos. 65 and 112 of 1968. These petitions are directed against two orders dated 22‑1‑68 and 26‑2‑68 passed under section 561‑A of the Code of Criminal Procedure by a learned Single Judge of the High Court of West Pakistan, Peshawar Bench, quashing the proceedings pending against the respondents Abdul Samad and Taj Muhammad under section 302/34, P. P. C. for the murder of Fazal Hussain, the son of the petitioner. The remaining witnesses including four who are said to have seen the deceased last in the company of the two accused.
It is contended that at this stage of the proceedings the learned Single Judge was not justified in quashing them in exercise of his extraordinary jurisdiction. There is considerable force in this argument and it receives support from the decision of this Court reported in P L D 1967 S C 354.
Leave is granted.
Leave granted.