MUHAMMAD SADIQ Versus ADALAT KHAN
This appeal challenges the judgment and order passed by the Shariat Court of Azad Jammu and Kashmir, whereby a revision petition filed against the order of the District Criminal Court granting bail to the respondents was dismissed for want of prosecution. The core legal question before the Supreme Court was whether a criminal revision petition can be dismissed for non-prosecution instead of being decided on merits. The Supreme Court held that a criminal appeal or revision cannot be dismissed for non-prosecution and must instead be disposed of on merits. Consequently, the Court set aside the impugned order of the Shariat Court, accepted the appeal, and ordered that the revision petition be restored and decided in accordance with law, laying down the principle that criminal matters in revision or appeal must be adjudicated on merits rather than dismissed for default.
- Can a criminal revision petition be dismissed for non-prosecution instead of being decided on merits?
- How should a criminal appeal or revision be disposed of by a court when the appellant or petitioner is absent?
- Section 302, Azad Penal Code
- Section 324, Azad Penal Code
- Section 147, Azad Penal Code
- Section 148, Azad Penal Code
- Section 149, Azad Penal Code
- Section 337, Azad Penal Code
- Section 13, Arms Act 1965
CHAUDHARY MUHAMMAD TAJ, J.-- -----This appeal has been filed against the judgment and order passed by the Shariat Court of Azad Jammu and Kashmir on 12-3-2002, whereby the revision petition filed against the order of District Criminal Court, Kotli for cancellation of bail was dismissed for want of prosecution.
2. The facts necessary for the disposal of this appeal are that a case registered against the respondents and other accused persons (not before the Court) under sections 302, 324, 147, 148, 149, 337, A.P.C. read with section 13 of Arms Act, 1965, was challaned before the District Criminal Court, Kotli. The respondents applied for their bail which was allowed through the order passed on 21-11-2001. The appellant herein filed a revision petition challenging the aforesaid order before the Shariat Court of Azad Jammu and Kashmir which was dismissed for non-prosecution by the learned Chief Justice vide the impugned order.
3. Mr. Abdul Majid Mallick, the learned counsel for the appellant, contended that the criminal revision petition pending before the Shariat Court could not be dismissed for non-prosecution but it was required that the same should have been decided on merits. The learned counsel also argued that the appellant had a very strong case on merits as such the order passed by the Court below was illegal as such was not maintainable.
4. The learned counsel appearing from the opposite side, Raja Bashir Ahmed Khan, when confronted with the aforesaid proposition he did not oppose the contention of the learned counsel for the appellant except contending that the respondents were entitled to the grant of bail which was correctly allowed in their favour by the District Criminal Court, Kotli.
We have heard the learned counsel for the parties and have also gone through the order impugned herein. It is a settled proposition of law that a criminal appeal or revision cannot be dismissed for non prosecution but the same is to be disposed of on merits. Since both the learned counsel agree to the aforesaid proposition, therefore, detailed discussion is not required as such the order passed by the Shariat Court is not maintainable which is set aside by accepting the appeal. The revision petition filed by the appellant before the Shariat Court shall stand restored and be decided in accordance with law.
H.B.T./30/SC(AJ&K) Appeal accepted.