Law: Criminal Procedure Code (V of 1898)

Section: 561-A

JUDGMENT

G. M. SHAH, J.-This Criminal Miscellaneous Application under section 561-A, Cr. P. C. is directed against the judgment of Z. A. Channa, J. praying for re-hearing and restoration of the two applications on the ground that the learned counsel Mr. Muhammad Ali Shaikh was busy in other matters and could not appear and argue the two applications. It is therefore contended that non-appearance of the learned counsel and the applicant, was not a wilful default on their part, therefore it would be fit and proper to restore the applications. Similar arguments were advanced in Criminal Miscellaneous Application No. 971/76 in which also the learned counsel Mr. Muhammad Ali Shaikh, as well as, the applicant, were called absent and the application was . heard and disposed of on merits by Z. A. Channa, J. after hearing the arguments of Mr. Muhammad Ali Shaikh, the application for restoration was dismissed. It is needless to go to the narration of the facts of this case, since they are fully reproduced in the impugned judgment.