Law:

Section:

Penal Code (XLV of 1860)--S.307/325/324/452---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/18---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal---Assistant Commissioner agreeing with the report of D.S.P. regarding innocence of accused discharged them with the observations that accused could be dealt with in accordance with law if found guilty during re-investigation--­Said order of discharge having been set aside by Sessions Court in revision accused sought quashment of Sessions Court's order before High Court--­Illaqa Magistrate in the meantime disagreeing with the D.S.P.'s report for cancellation of the case had sent the case for trial to Sessions Court---Such order in question having not been challenged before High Court, the quashment petition was dismissed---Leave to appeal' was refused to accused on the ground that they had not challenged before the High Court the aforesaid order of Illaqa Magistrate dated 27-11-1990 and should seek relief against that order if so inclined. ORDER ABDUL SHAKURUL SALAM, J: --Petitioners seek leave to appeal against an order of a learned Judge of the Lahore High Court, Lahore in 205-0 of 1991, dated 2-5-1992. 1. Relevant facts are that on the complaint of Mst. Safia Kausar, a case under section 30.7/325/324/452, P.P.C. and sections 10 and 18, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against the petitioners on 7-7-1990. It was initially investigated by Sabir Ali, A.S.I., then by Abdul Majeed S.H.O. and then by Khaliq Dad, Additional S.P. who found the petitioners guilty of the offences. The investigation was then entrusted to Raja Sikandar Hayat, D.S.P. who found the petitioners innocent. Accordingly the S.H.O. placed the papers on 25-9-1990 before the Assistant Commissioner, praying that the accused persons should be "discharged". The Assistant Commissioner by a detailed order of the same date, agreed with the D.S.P. and directed the petitioners to be "discharged/released with immediate effect". He however observed that "if during re-investigation the accused are found guilty the law will again take its own course and they can be dealt with accordingly".…

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