Law: Criminal Procedure Code (V of 1898)

Section: 249-A,417(2-A),439

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----Ss. 249-A, 417(2-A) & 439---Constitution of Pakistan (1973), Art.199--- Constitutional petition---Revision against acquittal---Maintainability---Judicial Magistrate having acquitted accused persons, in a private complaint, the complainant filed revision against judgment of the Judicial Magistrate, which was dismissed---Validity---Appeal against acquittal of accused, under S.417(2-A), Cr.P.C. was competent before the High Court---Revision against acquittal order was not maintainable before the Appellate Court, in view of subsection (5) of S.439, Cr.P.C.---Constitutional petition filed by the petitioner, after six months of dismissal of revision petition, otherwise being time-barred, was not maintainable. Mst. Memona Akhtar v. Magistrate Section 30, Wazirabad, Gujranwala and others 2005 MLD 896 ref. ORDER ARSHAD NOOR KHAN, J.---By this order we intend to dispose of Constitutional Petitions Nos.D-445 of 2008 and D-446 of 2008 as both these petitions have been filed against the common order passed by the learned trial Court and Appellate Court and the facts, law and evidence are common in these petitions. By these petitions under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has challenged the vires of order, dated 30-8-2007 passed by the learned II-Additional Sessions Judge, Karachi-East whereby revision applications filed by the petitioner were dismissed thereby maintaining the order passed by the learned Judicial Magistrate-IV, Karachi-East in Private Complaint No.250 of 2002 Hussainali J. Merchant v. Akhtar Ali J. Merchant and others and acquitted the respondents Nos.2 and 3 under section 249-A, Cr.P.C. The facts leading to rise to the present petitions in brief are that the petitioner and respondents Nos.2 and 3 are real brothers inter se, respondent No.3 is wife of respondent No.2. There was some dispute in between the parties which compelled the petitioner to file direct Complaint No.250 of 2002 stating therein that on 25-7-1994 he along with his family members was away from his House No.236, Amynabad, Ismailia Garden Cooperative Housing Society, Martin Road, Karachi at…

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