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Search Results: Categories: 265 C CrPC (1 found)

Mst Amber Nasir Khan VS Special Judge Central Islamabad

Citation: Pending

Case No: Criminal Revision-63-2025

Judgment Date: 26-Jun-25

Jurisdiction: Islamabad High Court

Judge: Justice Muhammad Azam Khan

Summary: (a) Criminal Procedure Code (V of 1898)---- ----Ss. 87, 88, 514 & 265-C---Declaration of accused as proclaimed offender---Mandatory procedure---Non-compliance---Validity---Petitioner was declared a proclaimed offender by the Trial Court without first issuing bailable warrants and without proper service of notice under S.87, Cr.P.C.---Held, that the learned Trial Court had not followed the mandatory procedure prescribed under Ss.87 and 88, Cr.P.C.---The purpose of successive processes (summons, bailable warrants, non-bailable warrants, and proclamation) is to secure the attendance of the accused before the Court and not to punish for non-appearance---Issuing non-bailable warrants and declaring the accused a proclaimed offender without ensuring proper service amounted to denial of due process and violation of principles of natural justice---Impugned Order, therefore, suffered from material illegality and was liable to be set aside. (b) Criminal Procedure Code (V of 1898)---- ----Ss. 435 & 439---Revision---Scope---Where procedural irregularity affects the legality of the order, revisional jurisdiction can be exercised to rectify miscarriage of justice---Trial Court’s failure to comply with mandatory requirements of Ss.87 & 88, Cr.P.C., being a jurisdictional error, warranted interference by the High Court in revision proceedings---Impugned Order declaring the petitioner a proclaimed offender set aside to the extent of the petitioner. (c) Criminal law---Fair trial and due process---Principles---Accused’s non-appearance not shown to be deliberate or contumacious---She had earlier appeared, received copies under S.265-C, Cr.P.C., and was on post-arrest bail based on compromise with complainant---Held, in the interest of justice, the petitioner deserved an opportunity to face trial rather than being penalized for procedural lapses of the Court---Direction issued for her appearance before the Trial Court and for continuation of proceedings from the stage where broken. Disposition: Criminal Revision Petition allowed; Impugned Order dated 23.04.2025 set aside to the extent of petitioner; petitioner directed to appear before Trial Court on 10.07.2025.

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