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Constitution of Pakistan (1973)----Art. 185(3)--Criminal Procedure Code (V of 1898), S. 439--High Court in revision quashing order of trial Court joining M as co-accused on ground that name of such co-accused having not been mentioned in F.I.R. lodged by brother of deceased and witnesses not involving such co-accused during investigation--Plea that interference by exercise of revisional jurisdiction was not justifiable repelled by Supreme Court refusing leave to appeal on ground that reasons which prevailed with High Court provided sufficient ground in law for interference and that High Court, was well within scope of its revisional jurisdiction to set aside order of trial Court. Muhammad Ali Shaikh, Advocate Supreme Court instructed by Faizanul Haq Advocate-on-Record (absent) for Petitioner. Nemo for the State. Date of hearing: 18th February, 1985. JUDGMENT ABDUL KADIR SHAIKH, J.--Petitioner lodged F.I.R. on 28-6-1978 at 9-15 p.m. with Market Police Station Hyderabad about the murder of his brother, Ahsan Ali, which occurred about half an hour earlier Petitioner claimed to be an eye-witness of the occurrence alongwith three others. In the F.I.R. he did not mention the name of Mst. Mehrun-Nisa respondent, sister of Punhoon accused, who alone was alleged to have killed the deceased. Police challaned Punhoon accused alone, placing Mst. Mehrun-Nisa in Column 2 in the challan. Petitioner applied for the joinder of Mst. Mehrun-Nisa as co-accused but his application was rejected by the trial Court on technical grounds. Sind High Court, however, in revision set aside the order of the trial Court and remanded the case for consideration of petitioner's application on merit. On remand learned trial Judge examined the main witnesses and they by the order dated 6-7-1982 joined Mst. Mehrun-Nisa as co-accused. This order was challenged by Mehrun-Nisa in revision application in Sind High Court which succeeded by the impugned judgment dated 16-12-1984. The reasons which prevailed with the High Court may be usefully reproduced hereunder. These are: "The F.I.R. and the…

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