| Citation(s) |
|---|
| 1991 SLG 3187 1991 SLD 3187 = 1991 SCMR 2157 |
Criminal Appeal No.223 of 1990, decided on 19th May, 1991.
Muhammad Afzal Zullah, CJ. and Muhammad Afzal Lone, J
FAZAL KARIM and others--Appellants
VERSUS
MUHAMMAD BOOTA and another--Respondents
Law:
Section:
MUHAMMAD AFZAL ZULLAH, CJ. ---This appeal through leave of the Court is directed against the dismissal by the High Court of appellants' Criminal Revision; whereby the High Court refused to interfere with the revisional order of the learned Sessions Court passed under section 436, Cr.P.C.
Learned counsel while giving the facts stated that the respondent's criminal complaint filed against the appellants/accused's side was dismissed by a learned Magistrate after recording the statement of the complainant as also after preliminary inquiry, the evidence in which was closed by the respondent/complainant. On revision before the Sessions Judge it is admitted that it was held on facts that the order of the Magistrate dismissing the complaint merited reversal. Therefore, while accepting the Criminal Revision the learned Judge directed the learned Magistrate to summon the accused and proceed further. The challenge before the High Court to this order in its revisional jurisdiction resulted in the impugned order which reads as follows:-