Law: Criminal Procedure Code (V of 1898)

Section: 561-A,439

Criminal Procedure Code, 1898 (V of 1898)- -—S.561-A read with Section 439-Order of Additional Sessions Judge-Ouashment of~Prayer for-Present application appears to have been moved under Section 561-A of Cr.P.C. but it is directed against an order which could be challenged under Section 439 of Cr.P.C. before Federal Shariat Court-¬Held: Present petition which is in essence a revision petition under Section 439of Cr.P.C. is not maintainable in High Court for want of jurisdiction and is not maintainable even under Section 561-A of Cr.P.C.— Petition dismissed. [P.244]AB 1991SCMR599re/. PLJ 1978 Cr.C.(Quetta) 421 cited. ORDER It has been argued that under the impugned order dated 28.10.1991, the trial court has directed deposit of Rs.25.000/- and if such deposit is not made then Writ of attachment would be issued and hence there is urgency. Granted. 2. This application has been moved under Section 561-A of Cr.P.C. challenging an order dated 28.10.1991 passed by the Second Additional Sessions Judge, Khairpur in Sessions case No.258/87 where the accused are facing trial for the offence punishable under Section 20 of the Offences Against Property (Enforcement of Hudood) Ordinance and under Section 13D of Arms Ordinance. In case the applicant was aggrieved with the impugned order dated 28.10.1991 he should have moved criminal revision application under Section 439 of Cr.P.C. Learned counsel for the applicant conceded that had he moved revision application under Section 435/439 Cr.P.C. against said order, the same would have been filed in the Federal Shariat Court in view of Article 203-DD and 203-G of the Constitution of Pakistan. He argued that even in a case which is being tried for an offence under the Hudood Ordinance this Court can exercise its inherent jurisdiction under Section 561-A of Cr.P.C. On this point learned counsel cited the cases of:— (/) Liaquat All etc. v. State etc. (NLR 1989 SD 866). (U) Haji Muhammad Axiom Khan v. Muhammad Aslam and another (1990SCMR In respect of the order being not in accordance with law, learned counsel cited the case of Syed Yakub Shah v. State (PLJ 1978 Cr.C.(Quetta) 421).In the case of Haji Muhammad Aslam KJian (1990 SCMR…

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