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Criminal Procedure Code (V of 1898)-----Ss. 145 & 439-A--Law Reforms Ordinance (XII of 1972), Sched., item 154--Appeal against order of High Court rejecting reference sent to it by Sessions Judge--Reference sent to High Court for setting aside order of Assistant Commissioner and First Class Magistrate passed under S.145, Criminal Procedure Code, on ground that Assistant Commissioner and First Class Magistrate had passed order in disregard of direction of High Court in given earlier in same case-High Court opposing reference with remarks that Sessions Judge was himself competent to dispose of same under 5.439-A, Cr.P.C., ignoring thereby fact that provisions of 5.439-A, Cr.P.C. were not extended to relevant District and, therefore, Sessions Judge was not competent to exercise revisional jurisdiction in respect of that order--Appellant however failing to satisfy Supreme Court that Assistant Commissioner and First Class Magistrate passed order in violation of direction of High Court passed in an earlier in same case--Appeal, subject to observations made regarding legal position, dismissed. Yakub K . Eusufzai, Advocate-on-Record for Appellants. Ch. Tahir M. Khan, Advocate Supreme Court for Respondent. Date of hearing: 8th April, 1985. JUDGMENT ABDUL KADIR SHAIKH, J.--This appeal by leave is directed against the judgment of High Court of Baluchistan dated 19-7-1983 rejecting a reference made by the Additional Sessions Judge, Quetta for setting aside the order of the Assistant Commissioner and First Class Magistrate, Pishin dated 5-5-1982 under section 145 of Code of Criminal Procedure. Learned Additional Sessions Judge made the reference on the ground that learned Assistant Commissioner and First Class Magistrate, Pishin had passed that order in disregard of the direction of the High Court in the judgment dated 30-6-1981 passed in the earlier proceedings in the same case by which evidence of the parties was to be recorded afresh, and then the final order under section 145 of the Code was to be passed according to, law. The High Court on scrutiny of the file of the case noticed that "the record shows that after remand of this case by this Court, the learned…

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