Case Details

Citation(s)
2005 SLG 1809 2005 SLD 1809 2005 PLD 638
Sindh High Court
Criminal Revision Application No. 130 of 2004 and M. As. Nos. 1192 and 1193 of 2005, decided on 3rd June, 2005
MUHAMMAD AFZAL SOOMRO, J
I.A. Usmani for the Applicant. Abdul Jabbar Lakho Asstt. A.G. Noemot Ali Randhawa for
Respondents Nos. 2 to 5. Mirza Sarfraz Ahmed for
Respondent No. 6

MUHAMMAD NAFEES alias SOHAIL

VS

THE STATE and others

Law: Criminal Procedure Code (V of 1898)

Section: 561A,439,22A

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 439 & 22-A---Recalling of its order by High Court---Order passed in Revision Application under Ss.435/439, Cr.P.C. read with S.561-A, Cr.P.C. no doubt, cannot be reviewed as no provision in Criminal Procedure Code 1898 was available for review of such order, but under the same S.561-A, Cr.P.C., High Court had got inherent powers to alter or rectify its order if any ambiguity had been created therein or any point which should have been thoroughly. considered at the time of passing the order on the Revision Application was, not so considered---Sessions Court was neither justified nor empowered to impose fine/costs upon the petitioner while rejecting his petition filed under S.22-A, Cr.P.C.---High Curt, therefore, exercising its inherent powers under S.561-A, Cr.P.C. while maintaining its order, recalled and altered the same to the extent that imposition of fine by the Sessions Court was not justified and such part of its order was set aside---Petition was disposed of accordingly. Fateh Ali and another v. The State 1997 MLD 2235; Hussain Ahmed v. Mst. Irshad Bibi and others 1997 SCMR 1503; Mukhtar Ahmed alias Mokha and another v. The State 1999 PCr.LJ 1905; Chairman, Minimum Wages Board, Peshawar and another v. Fayyaz Khan Khattak, Research Officer, Minimum Wages Board, Peshawar 1999 SCMR 2768; Allah Rakha v. The State 2000 MLD 1932; Haji Muhammad Abbas v. Mrs. Naila Tranum Jamshed and 4 others 2001 PCr.LJ 628; Faizur Rehman v. The State and others PLD 2002 Peshawar 6; Mian Khan and others v. Inspector-General of Police, Punjab and others PLD 2002 Lah. 619; Muhammad Yousuf v. Dr. Madad Ali alias Gulab Lashani and others PLD 2002 Kar.328; Ghulam Ali alias Sadoro and others v. S.H.O. Police Station Veehar, District Larkana 2003 YLR 2168; Peer Abdul Qayyum Shah v. S.H.O. and others 2005 PCr.LJ 357; Bashir Ahmed v. Zafar-ul-Islam PLD 2004 SC 298; Muhammad Ayaz alias Cheena and others v. The State PLD 2004 Kar.652 and Maktul v. Mst. Manbhari AIR 1958 SC 918 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent power of High Court---Review---Scope---Normal rule of criminal administration of…
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