Law:

Section:

(a) Criminal 1 rocedure Code (V of 1898)-- ----S. 366---Constitution of Pakistan (1973), Art. 185(3)---Judgment---Mode of delivering by Criminal Court---Oral order would not create any right in petitioners even if the same had been announced; only in writing would be considered as in the case in terms of provisions of Criminal Procedure Code, 1898. The State v. Asif Adil and others 1997 SCMR 209 rel. (b) Criminal Procedure Code (V of 1898)--S. 366---Constitution of Pakistan (1973), Art. IS5(3)---Transfer of petitioner's case from one Court to another Court, through administrative order---Petitioners had claimed that they had been orally acquitted by Trial Court yet nothing was brought on record to substantiate the same---High Court had heard petitioners at length and finding had been recorded on reconsideration of entire platter on judicial side---Order in question, sending back case for disposal was in accordance with law and rule laid down by Supreme Court in Asif Adil's case (1997 SCMR 209)---Transfer of case for disposal to transferee Court did not suffer from any illegality---Leave to appeal to Supreme Court was refused in circumstances. The State v. Asif Adil and others 1997 SCMR 209 ref. Muhammad Ilyas Siddiqui, Advocate Supreme Court instructed by M.A. Zaidi, Advocate-on-Record for Petitioners. Ch. Akhtar Ali, Advocate-on-Record for the State. Date of hearing: 16th December, 1997 JUDGMENT MUNIR A. SHEIKH, J.---The petitioners seek leave to appeal against the order, dated 24th October, 1997 passed by the learned Judge in Chamber of Lahore High Court Rawalpindi Bench in Writ Petition No.529 of 1997 through which the said petition filed by the petitioners has been dismissed. 2. According to learned counsel for the petitioners, through an administrative order passed by the learned Judge in Chamber of Lahore High Court Rawalpindi Bench, the case of the petitioners for fresh decision was sent back to different Court from the one which earlier through oral order had acquitted them which was challenged in Constitutional Petition No.529 of 1997 by the petitioners from which this petition for leave to appeal has arisen. 3. Learned counsel for the petitioners…

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