Law:

Section:

Penal Code (XLV of 1860)---Ss. 302 & 99---Constitution of Pakistan (1973), Art. 185(3)---High Court had remanded the case to Sessions Court with the direction to restart the trial from the stage of arguments against one accused alone--¬Impugned order was only interim order, legality of which was challenged on the ground that High Court had omitted to consider the import of S.99, P.P.C.---At such stage it was not proper by Supreme Court to, dilate upon the merits of the case or to opine about the correctness, legality or otherwise of the of the High Court as the Trial Court in pursuance of the interim order had yet to determine the guilt or innocence of the person involved---Trial Court, therefore, was directed in the interest of justice to proceed with the case as expeditiously as possible quite independently without being influenced by any observation made by the High Court---Leave to appeal was declined by Supreme Court accordingly. ORDER SH. RIAZ AHMAD, C.J.-----This petition for leave to: appeal arises from the order, dated 2-6-2002 whereby the learned Division Bench of the Lahore High Court by allowing the criminal revision petition preferred on behalf of the respondent, set aside the judgment of the learned Sessions Judge,…

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