Law:

Section:

Penal Code (XLV of 1860) Ss. 302,307, 326, 201, 148/149 & 109 Constitution of Pakistan (1973), Art. 185(3) Petitioner, accused of criminal offences was discharged having been declared innocent by the Investigating Agency Complainant's application for summoning petitioner as an accused was granted by Trial Court and process was issued against him Petitioner's revision against said order was dismissed by High Court Validity Petitioner's contention that having once been discharged during investigation, no fresh process could have been issued against him by the Trial Court, was not warranted by any provision of law ¬Petitioner's further contention that order of discharge was an administrative order and not a judicial order, therefore, revision against same in first round of litigation was not competent, was also devoid of merit Order passed in revision in earlier proceedings acquired finality for petitioner who had not filed any further proceedings against the same Leave to appeal was refused in circumstances. JUDGMENT AJMAL MIAN, J. This is a petition for leave to appeal against the order dated 26 9 1993 passed by a learned Single Judge of the Lahore High Court in Criminal Revision No. 378 of 1993 filed by the petitioner against the issuance of process by the learned Additional Sessions Judge, Sheikhupura, dismissing the same in limine. 2. The brief facts are that the petitioner alongwith a number of other coaccused was nominated in F.I.R. No. 47/90 dated 8 3 1990, registered at Police Station Narang Mandi, under section 302/307/326/201/148/149/109, P.P.C. It appears that out of 25 accused, during the investigation, 11 ,persons were got discharged having been declared innocent by the Investigating Agency. The complainant filed Criminal Revision 73 of 1993 against the order dated 20 12 1992 of the learned Additional Sessions Judge, Sheikhupura, dismissing the complainant's application for summoning those accused who were discharged by the Trial Court. To the above Revision Application, the petitioner was also party. The same was disposed of by the learned Judge in Chambers by his order dated 13 3 1993, inter alia, by observing as follows: "The trial Court…

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