| Citation(s) |
|---|
| 2002 SLG 927 2002 SLD 927 2002 PCRLJ 513 |
Lahore High Court
Criminal Miscellaneous No.1486/M of 2001, heard on 11th October, 2001.
IJAZ AHMAD CHAUDHARY, J
Muhammad Ayub and Miss Gulzar Butt for Petitioner. Saleem Akram Chaudhry for
Respondent No. 1. Muhammad Jahangir Wahla, A.A. G. for the State.
Criminal Miscellaneous No.1486/M of 2001, heard on 11th October, 2001.
IJAZ AHMAD CHAUDHARY, J
Muhammad Ayub and Miss Gulzar Butt for Petitioner. Saleem Akram Chaudhry for
Respondent No. 1. Muhammad Jahangir Wahla, A.A. G. for the State.
MUHAMMAD BASHIR
VS
FAZAL HUSSAIN and 2 others --Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 439-A,439(5),417(2)
Law: Penal Code (XLV of 1860)
Section: 420/462/467/468/471/109
(a) Criminal Procedure Code (V of 1898) Ss. 439 A, 439(5) 417(2) Revision petition before Sessions Court Maintainability No revision petition is competent before the Sessions Court against an order which is challengeable in appeal under S.417(2), Cr.P.C. Nasir Khan and another v. The State 1991 PCr.LJ 19; Ghulam Muhammad v. Additional Sessions Judge and 3 others 1998 MLD 1605; Abdul Majeed and 4. others v. Messrs H. Ghulam Muhammad Brothers Ltd. and another 1995 PCr.LJ 1369; Muhammad Safdar and 4 others v. The State and another PLD 1996 Lah. 457; Abdullah Jan Khan v. Saifur Rehman Khan and others NLR 1997 Crl. 607 and Muhammad Yasin.v. Muhammad Hanif 1997 PCr.LJ 1626 ref. (b) Penal Code (XLV of 1860) Ss. 420/465/467/468/471/109 Criminal Procedure Code (V of 1898), Ss.439 A, 439(5), 417(2) 561 A Quashing of order Accused had been acquitted by the Magistrate in the complaint case under S.249 A, Cr.P.C. Complainant had the remedy of filing an appeal against the said order of acquittal under S.417(2), Cr.P.C. Revision petition before the Sessions Court filed by the complainant was, therefore, not competent and the impugned order passed thereon was illegal and unlawful Civil litigation was going on between the parties on the same subject Possibility could not be ruled out that the complainant had filed the private complaint with mala fide intention and ulterior motive to pressurize the accused and retain him from pressing his case to the Civil Court independently - Pendency of the private complaint in circumstances being abuse of the process of law could not be allowed to continue Impugned order passed by Sessions Court was consequently set aside. Nasir Khan and another v. The State 1991 PCr.LJ 19; Ghulam Muhammad v. Additional Sessions Judge and 3 others 1998 MLD 1605; Abdul Majeed and 4 others v. Messrs H. Ghulam Muhammad Brothers Ltd. and another 1995 PCr.LJ 1369; Muhammad Safdar and 4 others v. The State and another PLD 1996 Lah. 457; Abdullah Jan Khan v. Saifur Rehman Khan and others NLR 1997 Crl. 607; Muhammad Yasin v. Muhammad Hanif 1997 PCr.LJ 1626 and A. Habib Ahmed v. M.K.G. Scott Christian and 5 others PLD 1992 SC 353 ref. (c) Criminal Procedure Code (V…
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