SHERAZ AHMAD and others vs FAYYAZ-UD-DIN and others
This matter came before the Supreme Court of Pakistan by way of a petition for leave to appeal challenging a judgment of the High Court concerning the acquittal of the accused under Section 249-A of the Code of Criminal Procedure 1898. The core legal issue pertained to the propriety of acquitting an accused under Section 249-A, Cr.P.C. solely on the ground of the pendency of a civil suit regarding the same transaction. During the hearing, upon the indication that such an acquittal was improper and that the High Court's interference would not be disturbed on merits, counsel for the petitioners agreed not to press the petition on merits, provided that the criminal proceedings were stayed pending the outcome of the civil dispute. Counsel for the caveator raised no objection to this resolution. Consequently, the Supreme Court converted the petition into an appeal, modified the High Court's judgment by directing that the criminal proceedings remain stayed until the civil dispute is finally disposed of, and disposed of the appeal accordingly with no order as to costs.
- Can an acquittal under Section 249-A of the Code of Criminal Procedure 1898 be granted solely on the ground that a civil suit regarding the same transaction is pending?
- Whether criminal proceedings may be stayed pending the final disposal of a parallel civil dispute concerning the same transaction with the consent of the parties?
- Section 249-A, Code of Criminal Procedure 1898
ORDER
1. ' The learned counsel for the petitioners during the course of arguments when confronted that acquittal under section 249-A, Cr.P.C. On the ground that a civil suit pertaining to the same transaction was pending, was not proper and in the given circumstances, the view of the matter taken by the High Court would not call for interference, he without further agitating this petition, on merits, submitted that if the proceedings in the criminal case are stayed pending disposal of the civil dispute, the petitioners will be satisfied and will not further press this petition. Learned counsel for the caveator has no objection to the disposal of the petition in the above manner. This being so, we modify the judgment of the High Court to the extent that pending disposal of civil dispute, the proceedings in the criminal case shall remain stayed and by converting this petition into an appeal dispose of the same accordingly. There will be no order as to costs.
Cited by 9 cases
- Hameedullah Rind Versus State 2026 YLR 1686
- Zahid Maqsood Butt vs The State, etc 2024 LHC 3316, 2025 PCRLJ 460
- Zahid Maqsood Butt Versus State 2025 PCrLJ 460
- Salman Ashraf vs Additional District Judge, Lahore and others 2023 SCMR 1292
- Salman Ashraf vs Additional District Judge, Lahore, etc 2023 SCP 168, 2023 SCMR 1292, 2023 PLJ SC 481, 2023 SCMR 1292, PLJ 2023
- Meera Shafi etc vs Federation of Pakistan etc 2022 LHC 1786, 2022 PLD Lahore 773
- MUHAMMAD ANWAR QURESHI vs MUHAMMAD AYOOB and 4 others 2019 YLR 839
- ABDUL QADIR KHAN MAMDOT vs REGIONAL POLICE OFFICER, MULTAN and 5 2011 MLD 1773
- AKHLAQ HUSSAIN KAYANI Versus ZAFAR IQBAL KIYANI 2010 SCMR 1835