Law: Criminal Procedure Code (V of 1898)

Section: 561A,369

(a) Criminal Procedure Code (V of 1898)     Ss. 561 A 369 Recalling of order passed by High Court transferring the case to Sessions Court for trial Conscious order had been passed in the Constitutional petition for trial of the case in Anti Terrorism Court whereas the impugned order had been passed in the transfer application in the light of an administrative order passed by the Sessions Judge for trial of six other cases in the jail Order under consideration could not be equated with a or order on merits of the case so as to attract the bar of review contained in S.369, Cr.P.C. Petition was maintainable as the impugned order was not a final or an order on merits of the case and the same could be reviewed, which was recalled in circumstances.   Gular Hassan Shah v. Ghulam Murtaza and others PLD 1970 SC 335; Lala Ghansham Das Birla and others v. Suraj Bhan AIR 1940 Lah. 192; R.H. Brightling Manager American Express Co. (Inc.), Lahore v. Saeed Ahmad Chaudhary 1968 PCr.L.1 1818; Juan Sullivan v. The State 1971 SCMR 618; Maulana Muhammad Azam Tariq, M.N.A. v. Khurshid Ali and another 1996 PCr.LJ 119; Mst. Shabana Niazi v. Muhammad Khalil 1997 PCr.LJ 746; Iqtidar Shah Jafri and others v. The State 2001 PCr.LJ 222; Ijaz Qadeer v. The State and another 1975 PCr.LJ 471; Amir ud Din v. State PLD 1977 SC 602; Muhammad Aslam and others v. The State (1967) 19 DLR (SC) 445 and Abdullah v. Din Muhammad Shah and others PLD 1976   (b) Criminal Procedure Code (V of 1898)     S. 369 Review Section 369, Cr.P.C. bars review of a final passed on merits in a criminal case.   Malik Muhammad Khan Awan and Mian Aman Ullah Khan   Zafar Iqbal Chohan for Respondent No.1 (in Criminal Miscellaneous No.262/T of 2000).   hearing date: 8th May, 2001. JUDGMENT Criminal Miscellaneous No.26/M of 2001 This petition has been filed for recalling order; dated 12 12 2000 passed in Criminal Miscellaneous No.262/T of 2000 transferring the case titled State v. Shaukat Hayat etc. for trial alongwith the case registered vide F. I. R. No.105 of 1993. 2. The petitioners learned counsel submit that order, dated 12 12 2000 is not a final judgment and can…

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