| Citation(s) |
|---|
| 1979 SLG 1522 1979 SLD 1522 1979 PCRLJ 753 |
Sindh High Court
Criminal Revision Application No. 18 of 1977, 12/09/1979
MUSHTAK ALI KAZI, J
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Criminal Revision Application No. 18 of 1977, 12/09/1979
MUSHTAK ALI KAZI, J
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Abdullah Shaikh
VS
Haji Amin Shaikh And 3 Others
Law:
Section:
Keywords: Without Jurisdiction, Nullity, Proceedings, Harassment, Order, Procedure, Grounds, Quashment, High Court, Inherent Powers, Jurisdiction, Illegal, Orders, Set Aside, Revisional Jurisdiction Result: accordingly set aside JUDGMENT MUSHTAK ALI KAZI, J. -This is a revision application under section 439 read with section 561-A, Cr. P. C. Against an order by 7th Additional Sessions Judge, Karachi directing quashment of the proceedings of a criminal case. Ordinarily the powers of the Sessions Court and the High Court in exercise of revisional jurisdiction are concurrent and if the powers are exercised by the Sessions Judge then the High Court is not supposed to entertain a second revision application ; but in the present case it would appear that the learned Additional Sessions Judge quashed the proceedings of a pending criminal case as in his opinion the complaint had been brought for the purpose of harassment and the proceedings) amounted to abuse of the process of Court. It has rightly been pointed out by the learned counsel on behalf of the petitioners that the…
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