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2003 SCMR 492

TAHIR SAEED and anothers vs MUHAMMAD IRSHAD RANA and another

Petitioner: TAHIR SAEED and anothers VS Respondent: MUHAMMAD IRSHAD RANA and another

Court: Supreme Court of Pakistan Decision Date: 2002-06-03

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s):Iftikhar Muhammad Chaudhry, Khalil-ur-Rehman Ramday, Tanvir Ahmed

Khan Title: TAHIR SAEED and anothers vs MUHAMMAD IRSHAD RANA and another Case No.: Criminal Petition No,773-L of 2001 Date of Judgment:2002-06-03 Reported As: 2003 SCMR 492 Result: Leave declined Judgment ORDER ' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 14th November, 2001 passed by Lahore High Court, Lahore whereby criminal appeal filed by respondent No,1 was allowed and case has been remanded to the trial Court. 2. Learned counsel appearing for petitioner contended that there is no incriminating evidence against the petitioner to involve him in the commission of crime. On our query, he pointed out that after passing of order of the High Court dated 14th November, 2001 statement of the complainant Rana Irshad Ahmed has been recorded. Therefore, in such view of the matter we are of the opinion that as now the trial has commenced and statement of one of the witnesses has also been recorded on oath, therefore, it would not be in the interest of justice to interference in the proceedings which are pending on the file of the Court having jurisdiction to appreciate the evidence so produced before it. ' Thus for the foregoing reason, we are of the opinion that no case is made out for interference by this Court with the impugned judgment. Thus petition is dismissed and leave declined. However, trial Court is directed to dispose of the matter expeditiously. Leave declined.

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