Law:

Section:

(a) Criminal Procedure Code (V of 1898)------- S. 439 --- Penal Code (XLV of 1860), Chap. XVI (Ss. 299 to 338) [as substituted by Criminal Law (Amendment) Ordinance (IV of 1992), S.71-- Revision against acquittal --- Person filing revision against acquittal of his opponents in a case need not now first approach the District Magistrate concerned for filing appeal against the acquittal and if he refuses to do so, he should obtain his certificate to that effect and append the same with the revision petition as a condition precedent for its entertainment by the revisional Court.

In view of the recent amendm1ent of the Chapter of the Pakistan Penal Code relating to bodily offences and certain other relevant laws on the subject, the legal position has radically changed. On account of this change, the emphasis has now shifted from the State representing the society to the individual i.e., the person aggrieved, and he is now equally competent to prosecute or forgive the offender. Therefore, it is now no more necessary that a person filing revision against the acquittal of his opponents in a case should first approach the District Magistrate concerned for filing appeal against the acquittal and if he refuses to do so, he should obtain his certificate to that effect and append the same with the revision petition as a condition precedent for its entertainment by the revisional Court. Therefore, the omission on the part of the petitioner to obtain the certificate of the District Magistrate concerned and to place the same on the record of the revision filed by him in the Court of Additional Sessions Judge, was not injurious to its maintainability.

(b) Criminal Procedure Code (V of 1898)-- S. 423--- Remand --- Appellate or revisional. Court for remanding a case for retrial has to comment upon the evidence and other circumstances of the case, sometimes touching even its merits --- Such comments, however, are always of the tentative nature meant only for the disposal of the appeal or revision, as the case may be, and have no binding effect on the Court below.---[Criminal trial --- Remand]. (c) Criminal Procedure Code (V of 1898)----- S. 423 --- Remand --- Magistrate having decided the case summarily on the application of the petitioners made under S.249-A, Cr.P.C., when the evidence in the case had concluded, by itself was sufficient to remand the case for retrial---Retrial in such a case would remain confined only to the re-writing of judgment as the evidence produced by the parties stood already completed.