Mst. Shareefan vs Ghaffar & others
This matter came before the Sindh High Court as a Criminal Revision Application filed by the applicant, Mst. Shareefan, challenging the conviction or sentence awarded to the private respondents by the Civil Judge & Judicial Magistrate-I/MTMC Dadu. At the commencement of the proceedings, the learned counsel for the applicant stated that the applicant intended to pursue the appropriate legal remedy before the Sessions Judge having jurisdiction for the enhancement of the conviction and sentence. Consequently, the counsel requested to withdraw the instant Criminal Revision Application. The Court, noting the applicant's stated intention to exhaust the alternative legal remedy available before the Sessions Court, allowed the request. Accordingly, the Criminal Revision Application was dismissed as not pressed, with the Court disposing of the matter in light of the applicant's decision to seek relief in the proper forum.
- Can a party withdraw a criminal revision application to pursue a remedy before a Sessions Judge?
- Is a Sessions Judge the appropriate forum for seeking enhancement of a sentence awarded by a Magistrate?
ORDER
1. Urgency granted.
2. Deferred for the time being.
3. Exemption granted subject to all just exceptions.
4. At the very outset, it is stated by learned counsel for the applicant that the applicant would exhaust her remedy in accordance with law before Sessions Judge having jurisdiction for enhancement of conviction/ sentence awarded to private respondents by learned Civil Judge & Judicial Magistrate-I/MTMC Dadu. By stating so, he does not press the instant Criminal Revision Application. It is disposed of accordingly .