Law:

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Constitution of Pakistan (1973) ----Art. 188 Review Petition for leave to appeal dismissed on ground of private complaint having been filed after a delay of more than a year and a half and F. I. R. lodged in respect of same, occurrence found false by a Magistrate Application for review of order of dismissal of petition for leave to appeal merely an attempt to reargue previous submissions, no ground, held, made out for review. M. S. Khawaja v. The State P L D 1965 S C 287 and Ghulam Muhammad v. Muzammal Khan and 4 others P L D 1967 S C 317 distinguished. ORDER DORAB PATEL, J. This review application has been filed against this Court's order of 1 2 1978 dismissing the petition for leave which the 'petitioner had filed against an order of the Lahore High Court dated 18 6 1976. The facts in the case are that the petitioner had lodged an F. I. R. on 22 4 1973 against the second respondent and many other persons for trespass into his Bungalow. According to the High Court's order, the investigations of the case showed that it was false, and, therefore, it "was cancelled by the learned Magistrate on 3 10 1973". After waiting for more than a year and a half, the petitioner filed a private complaint only against respondents 1 and 2 under section 148 and section 452/448/149, P. P. C. Therefore, the respondents filed an application under section 561 A Cr. P. C. in the Lahore High Court for the quashment of the belated charges filed against them, This application was allowed by a learned Judge of the High Court on 18 6 1976 on two grounds. The first ground was that the dispute between the parties was an old dispute, which had been decided against the petitioner in a judgment pronounced by a civil Court against him. The second ground on which the application of the respondents was allowed was the obvious ground of the gross delay by the petitioner in filing his private complaint. However, aggrieved by this order the petitioner had filed a petition for leave against it. One of the petitioner's grievances in this petition for leave was that the learned Judge of the Lahore High Court had misread the judgment of the civil Court on the basis of which he had reached the conclusion…

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