Law:

Section:

(a) Constitution of Pakistan (1973)---- Art. 185(3)-Criminal Procedure Code (V of 1898), Ss. 439 & 561-A-Leave to appeal granted to examine contention that since a second revision before High Court was barred by S. 439(4)(6), Cr. P. C., filing an application under. S. 561-A, Cr. P. C. in circum­stances of case, was automatically barred, because this would tanta­mount to circumventing law and annulling provisions of S. 439(4)(6), Cr. P. C.-[Revision]. (b) Constitution of Pakistan (1973)--- Art. 185(3)-Conflicting s on point involved by various High Courts and between Judges of same High Court-Leave to appeal granted to examine point in question, in view of fact that there would be a number of situations where one of parties against which a patently unjust order is passed by lower Courts may be left without a remedy if High Court is precluded from preventing abuse of process of law by any Court or otherwise to secure ends of justice. Dr. Khalid Ranjha, Advocate Supreme Court for Petitioners. Nemo for Respondent No. 1. Khalil Ramdey, Additional Advocate-General Punjab for Respondent No. 2. Date of hearing : 12th March, 1986. ORDER ASLAM RIAZ HUSSAIN, J.-Facts leading to this petition are, briefly, that Mst. Rehmat Bibi and her son were maltreated and manhandled by the present petitioners. It is alleged that on account of the injuries caused to her by the petitioners she also suffered miscarriage. Since the police did not register the case on her report she was compelled to file a private complaint in November, 1982. Summons were issued to the present petitioners to stand their trial. The petitioners filed a revision petition before the Sessions Judge, under section 439, Cr. P. C. which was allowed by him. Mst. Rehmat Bibi (respondent) challenged the aforesaid order of the Sessions Judge before the High Court through an application under sec­tion 561-A, Cr. P. C. It accepted the same and restored the private complaint with the following observations :- "4. In my view, the order delivered by the learned Additional Sessions Judge is perverse and amounts to stifling the prosecution. The learned Additional Sessions Judge ought not to have interfered, with the order…

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