Law:

Section:

Constitution of Pakistan (1973) -- Art. 199-Writ-Petitioner neither suffering by impugned order nor' likely to get any benefit if same set aside-Petition not maintain able-[Fazal Din's case P L D 1969 S C 223 not applicable]. Fazal Din's. case P L D 1969 S C 223 not applicable. JUDGMENT The petitioner is a complainant in a case registered under section 302, P. P. C. in which respondent No. 2 is an accused person. On 27th December, 1976 respondent No. 2 filed an application through the District Magistrate for grant of better class in the prison where he was being detained. The District Magistrate asked for a report from the Police and Ilaqa Magistrate. The matter ultimately came back to him whereon he referred the same to the learned Sessions Judge with the following remarks: "Sh. Muhammad Iqbal son of Haji Hussain Bakhsh under trial prisoner in the above-noted case has applied for grant of 'B' class in jail. As provided in paragraph 249 of the Punjab Jail Manual it is for the trial Court to classify the under-trial prisoner. The trial Court in this case is the Court of Sessions. His application with its enclosures and the report of the S. S. P. and the Ilaqa Magistrate, are, therefore, sent herewith for further necessary action in accordance with the provision of the Punjab Jail Manual quoted above." The learned Sessions Judge issued a notice to the Public Prosecutor. He took up the case on 25th April, 1977 and in view of the report of the police and recommendation of the Magistrate regarding the status of respondent No. 2 allowed him a better class. The petitioner made a review application but the same was dismissed. He has now filed the present writ petition. 2. The learned counsel relies on part 2 of rule 249 of the Punjab Jail Manual, to say that as the order of the learned Sessions Judge has not been approved by the District Magistrate, it could not have been operative. The relevant portion reads as under "Rule 249. Before an undertrial prisoner is brought before a competent Court it will be at the discretion of the Officer Incharge of the Police Station to properly classify him. After he is brought before the Court he will be classified by that Court…

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