ABDUL SABOOR and 2 others vs THE STATE and 2 others
This matter arises from a petition filed before the Lahore High Court by Abdul Saboor and others against the State and others, wherein the petitioners sought relief regarding a criminal case involving a marriage contracted with Haseena Bibi. The core legal question concerned the appropriate forum and remedy for the petitioners after the submission of the challan in the competent court. The Court held that since the challan had been submitted, the proper course of action for the petitioners was to approach the trial court or Additional Sessions Judge for acquittal under the relevant procedural law. The Court accordingly disposed of the petition with a direction to the trial court to decide any such application within two weeks in accordance with the law. The key principle laid down is that an accused should seek acquittal under Section 265-K of the Code of Criminal Procedure before the trial court once the challan has been submitted.
- What is the appropriate remedy for petitioners after the submission of the challan in a criminal case?
- Can an accused move the trial court for acquittal under Section 265-K of the Code of Criminal Procedure 1898 after the submission of the challan?
- Within what timeframe should the trial court dispose of a petition moved under Section 265-K of the Code of Criminal Procedure 1898?
- Section 265-K, Code of Criminal Procedure 1898
ORDER
KH.. IMTIAZ AHMAD, J.---Learned counsel for the petitioner submits that Abdul Saboor petitioner had contracted marriage with Haseena Bibi and further contends that challan has been submitted in the competent Court of law. In such eventuality the petitioners should move the learned trial Court/learned Additional Sessions Judge, Islamabad for their acquittal under section 265-K, Cr.P.C.
And the learned trial Court is directed that if any petition is so moved, it shall be disposed of within two weeks in accordance with law.
2. With the above observation, thisl petition stands disposed of.