| Citation(s) |
|---|
| 1980 SLG 3060 = 1980 SLD 3060 = 1980 PCRLJ 191 |
Lahore High Court
Criminal Revision No. 500 of 1979, decided on 19th November, 1979.
Presented By: Rustam S. Sidhwa, J
Syed Parial Shah v. The State P L D 1973 Kar. 265 not applicable.. R. A. Awan for Petitioner. Munir Ahmad Bhatti for
Respondents. Ch. Muhammad Arif, A.G. for the State.
Criminal Revision No. 500 of 1979, decided on 19th November, 1979.
Presented By: Rustam S. Sidhwa, J
Syed Parial Shah v. The State P L D 1973 Kar. 265 not applicable.. R. A. Awan for Petitioner. Munir Ahmad Bhatti for
Respondents. Ch. Muhammad Arif, A.G. for the State.
MUHAMMAD BAKHSH-Petitioner
VERSUS
IQBAL AHMAD alias AHMAD AND ANOTHER-Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 439A, 439, 435, 438, 417, 561A
Law: Law Reforms Ordinance, 1972
Section: 439 (5)
(a) Criminal Procedure Code (V of 1898) Ss. 43.9A & 439 Words and phrasesWords "may exercise any of the powers conferred on the High Court by S. 439"Mean exercise of powers, subject to limitations or restrictions mentioned in subsections (2) to (5) of S. 439.[Words and phrases]. (b) Criminal Procedure Code (V of 1898) Ss. 439 & 439AScope of sectionsRevision under S. 439 Paternai or supervisory jurisdiction of High Court, as a Court of record.Granted to Sessions Judges under S. 439A. (c) Criminal Procedure Code (V of 1898) Ss. 439, 439A & 435;438 read with Law Reforms Ordinance (XII of 1972)Revision against acquittal in cases instituted upon a police challanProvincial Government not preferring appeal against acquittal .= Remedy of private complainant in such case (after amendment of 1972) available iii three forums Filing of revision petition either before District Magistrate under S. 435/438, or before Sessions Judge under S. 439A or before High Court under S. 439Law Reforms Ordinance, effect ofDistrict Magistrate to refer case under S. 438 to High Court for order under S. 439 Sessions Judge can finally decide petition under S. 439A without referring same to High Court under S. 438 High Court can also decide under S. 439In line with principle, litigant must resort to remedy in Court of lowest jurisdiction, Sessions Judge, as Court of lowest jurisdiction, to be moved in first instance, if not District Magistrate High Court to be moved in rare and exceptional casesRight of Provincial Government for filing revision petition (both before and after amendment of 1972) barred, in view of its superior right of preferring an appeal under S. 417 (1). (d) Criminal Procedure Code (V of 1898) Ss. 435, 438, 439 & 417 read with Law Reforms Ordinance (XII of 1972)Revision, against acquittal in cases instituted upon a private complaintProvincial Government not preferring appeal against acquittal Remedy of private complainant (before amendment) To file revision petition either before District Magistrate or Sessions Judge under S. 435/438 or before High Court under S. 439Remedy of private complainant in such cases…