Pakistan Case Law
2023 IHC 76

Shandana Gulzar Khan vs Mr. Sikandar Sultan Raja, Chief Election

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Citation2023 IHC 76
CourtIslamabad High Court
Case No.Crl. Org. No.210 of 2022
Date2023-04-17
Judge(s)Miangul Hassan Aurangzeb
ResultPetition DIsmissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter involves a criminal original petition arising out of a main writ petition titled Shandana Gulzar Khan Vs. Election Commission of Pakistan and others. The core legal question concerned whether the contempt proceedings or auxiliary criminal original petition should survive once the principal writ matter has been adjudicated upon. The court decided and held that since the main writ petition was allowed vide a judgment of even date, the instant criminal original petition had become infructuous and was accordingly dismissed. The key principle laid down is that ancillary or auxiliary proceedings such as criminal original petitions for contempt become infructuous and merit dismissal when the underlying main writ petition is finally decided.

Questions settled in this judgment
  • What is the effect on a criminal original petition when the main writ petition from which it arises is allowed?
  • Can a criminal original petition be dismissed as infructuous upon the adjudication of the principal writ matter?
criminal original petitioncontempt proceedingswrit petitioninfructuous petitionIslamabad High Court

JUDGM ENT

1. M IANGUL HASSAN AURANGZEB, J:- Since the main writ petition i.e., W.P. No.4179/2022, titled "Shandana Gulzar Khan Vs. Election Commission of Pakistan and others" has been allowed vide judgment of even date, therefore, the instant criminal original petition is dismissed being infructuous.

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