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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---Criminal Procedure Code (V of 1898), S. 247--Complaint for violation of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968--Dismissal of complaint on account of absence of complainant and non-prosecution--Such dismissal, held, amounted to acquittal and provisions of S. 247 of Criminal Procedure Code, 1898 would operate--Dismissed complaint cannot be restored in circumstances. P L D 1972 Azad J& K 58 and A I R 1958 Pat. 239ref. Shaukat Ali A. Nanji for Applicant. Khadim Hussain for Respondents. Date of hearing: 27th April, 1986. ORDER This is a case based on a complaint under Standing Orders Ordinance, 1968. The preliminary enquiry was held and thereafter, summons were issued to the accused. The accused appeared along with the Advocate. Thereafter complainant remained absent on 21-9-1985, 6-10-1985 and 9-10-1985. The Court below, therefore, dismissed the case in default and non-prosecution on 9-10-1985. On 16-10-1985, the Advocate filed for restoration of the complaint which on 9-10-1985. The learned Advocate of the complainant the Court below that the absence of the complainant was for the reasons beyond his control and according to the learned counsel the complainant has given affidavit and, therefore, complaint may be restored as it was dismissed in default. 2. This revision petition is filed by Mr. Nanji and as suo motu I have entertained it. The contention of Mr. Shaukat Ali A. Nanji is that complaint dismissed under section 247, Cr.P.C. the non-appearance of the complainant and the dismissal of the complainant amounts to an acquittal and, therefore, it cannot be restored. The other Advocate, Mr. Khadim Hussain raises h plea that this dismissal is not under A section 247, Cr.P.C. as the violation of Standing Orders…

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