Pakistan Case Law
1989 PCRLJ 1745

MAHAR DAD Versus BARKAT ALI

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Citation1989 PCRLJ 1745
CourtLahore High Court
Case No.Criminal Miscellaneous No. 146โ€‘Q of 1989/BWP
Date1989-03-15
Judge(s)Muhammad Munir Khan
ResultPetition dismissed

ORDER

The facts giving rise to this petition, briefly, are that a case under section 307/148/149, P.P.C. was registered against Muhammad Nawaz and others, the petitioners at Police Station Ahmadpur East. After investigation, the challan was submitted in the Court of Judicial Magistrate who acquitted them on 16โ€‘4โ€‘1987 under section 249โ€‘A, Cr.P.C. On this Fazal Ahmad respondent No.2, filed revision before the learned Sessions Judge, who accepted the same on 19โ€‘12โ€‘1988, hence this petition.

2. Learned counsel for the petitioners mainly contended that since revision was filed after one year, one month and 18 days of the order of acquittal, therefore, the same should have been dismissed as having been filed with an inordinate delay. Learned counsel for the respondents has opposed this application.

3. I have considered the matter. I find that since no limitation is prescribed for the filing of the revision, therefore, the same could not have been dismissed as barred by time. The learned Sessions Judge was quite competent to interfere with the order of the trial Court at any time, m exercise of his powers under section 439โ€‘A, Cr.P.C.

For what has been said above, I do not see any illegality in the impugned order. The petition is, therefore, dismissed.

N.H.Q./Mโ€‘1348/L Petition dismissed.

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