Pakistan Case Law
2005 SCMR 1599

SHERAZ AHMAD and others vs FAYYAZ-UD-DIN and others

⭐ Prefer in Google
Citation2005 SCMR 1599
CourtSupreme Court of Pakistan
Case No.Civil Petition No,40-L of 2001
Date2005-06-16
Judge(s)Muhammad Nawaz Abbasi and M. Javed Buttar
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

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.

Questions settled in this judgment
  • 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?
Laws & provisions referred
  • Section 249-A, Code of Criminal Procedure 1898
Section 249-A Cr.P.C.stay of criminal proceedingsparallel civil and criminal proceedingsacquittalcivil disputeconversion of petition into appeal

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

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.