Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S.302--Criminal Procedure Code (V of 1898), S.265-K--Constitution of Pakistan (1973), Art.185(3)--No maternal on record was available to show that witnesses deliberately avoided to appeal in the Court--High Court perused the entire record, summons, warrants and reports and then came to the conclusion that there was no material justifying the action of Sessions Judge under S.265-K, Cr .P.C.--Complainant was In jail at the relevant time as under trial prisoner and Sessions Judge ought to have seen the difficulties in the way of prosecution to produce evidence--Disposal of murder case in such a slipshod manner was not warranted by law--Remand of case by High Court thus was justified--Leave to appeal refused. Asif Saeed Khan Khosa, Advpcate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 12th March, ORDER GHULAM MUJADDID, J.--Gawa and three others are aggrieved by the judgment of the Lahore High Court dated 18-4-88 whereby the acquittal of the petitioners under section 265-K, CrP.C. by the Additional Sessions Judge, Rajanpur in a murder case was set aside and the case was remanded to the' Sessions Judge, Rajanpur, to hold the trial and conclude the same within a period of six months. Learned counsel appearing support of this petition for special. leave to appeal made a futile attempt to support the judgment of the Additional Sessions Judge and submitted that there was no legal justification for remitting the case because the Additional Sessions Judge had taken all the necessary steps to…

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