ZEBA KHAN vs STATION HOUSE OFFICER, POLICE STATION GULBERG, LAHORE
This petition for leave to appeal was filed against the judgment of the Lahore High Court dismissing the petitioner's Intra-Court Appeal. During the hearing, the learned counsel for the petitioner stated that she intended to file a private complaint before a competent court of jurisdiction but expressed apprehension that certain observations made by the High Court in the impugned judgment might prejudice her case. The counsel submitted that she would not press the petition if this Court clarified that any such complaint would be considered independently and strictly in accordance with the law, without being influenced by the High Court's observations. The Supreme Court heard the counsel and held that the observations made in the impugned judgment were merely of a tentative nature. The Court directed that if the petitioner files a complaint for the redressal of her grievance, it must be dealt with independently and in accordance with the law, uninfluenced by the High Court's prior observations. Consequently, the petition was dismissed as withdrawn.
- Whether observations made in an impugned judgment of the High Court are of a tentative nature?
- Can a petitioner withdraw a petition for leave to appeal upon receiving clarification that future legal proceedings will be decided independently of prior tentative observations?
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 18th March, 1999 passed by Lahore High Court, Lahore, whereby Intra-Court Appeal filed by petitioner has been dismissed.
2. Learned counsel appearing for petitioner addressed arguments at a considerable length during course whereof she stated that on behalf ofpetitioner, she contemplates to file a complaint before the competent Court of jurisdiction but her problem is that there are certain observations made by the learned Division Bench of Lahore High Court, Lahore in the impugned judgment on account of which there is probability that might relief she wanted to get, would not be granted. She further stated that if this Court observes that if such complaint is filed by petitioner, that Would be taken into consideration independently, in accordance with law and without being influenced in any manner from the observation made by the learned High Court in impugned judgment, she would not press this petition.
3. We have heard the learned counsel and have taken into consideration the statement so made by her. In this behalf suffice it to say that the observations made in the impugned judgment are of tentative nature. However, we would like to observe that if such complaint is filed by complainant for the redressal of grievance, that would be dealt A with independently, in accordance with the law, without being influenced from the observations made by the learned High Court in the impugned judgment.
' Petition is dismissed as withdrawn in view of observation made hereinabove.