MUHAMMAD SHAFIQ vs ABDUL HAYEE And Other
This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, arising from proceedings involving property disputes under the Code of Criminal Procedure 1898. The core legal questions presented for consideration involve the competency of an application filed under Section 561-A of the Code of Criminal Procedure 1898 after the Sessions Judge had already exercised revisional powers under Section 439-A of the Code of Criminal Procedure 1898 regarding the same subject matter. Specifically, the Court seeks to determine whether Section 561-A can be invoked to correct alleged errors in an order passed during the exercise of revisional jurisdiction, particularly given the concurrent revisional powers held by the High Court and the Sessions Judge. Furthermore, the Court is tasked with examining whether the underlying proceedings and orders passed therein conform to the statutory requirements set forth in Sections 145 and 146 of the Code of Criminal Procedure 1898. Pending the final disposal of the appeal, the Supreme Court suspended the impugned order and directed the attachment of the disputed property.
- Is an application under Section 561-A of the Code of Criminal Procedure 1898 competent after the exercise of revisional powers by the Sessions Judge under Section 439-A of the Code of Criminal Procedure 1898 regarding the same subject matter?
- Can the High Court exercise powers under Section 561-A of the Code of Criminal Procedure 1898 to correct errors in an order passed by a Sessions Judge in the exercise of revisional jurisdiction?
- Do the orders passed in the proceedings conform to the requirements of Sections 145 and 146 of the Code of Criminal Procedure 1898?
- Section 561-A, Code of Criminal Procedure 1898
- Section 439-A, Code of Criminal Procedure 1898
- Section 145, Code of Criminal Procedure 1898
- Section 146, Code of Criminal Procedure 1898
ORDER
1. MUHAMMAD HALEEM, C.J.--Leave to appeal is granted to consider the following questions:
(i) As to whether an application under section 561-A, Cr.P C. Was competent after the exercise of revisional powers by the Sessions Judge under section 439-A, Cr.P.C. In regard to the same subject-matter as if it was an appellate power to correct errors in the order passed in the exercise of revisional jurisdiction, particularly when the concurrent powers of revision are conferred on the High Court and the Sessions Judge, and
(ii) do the orders passed in the proceedings conform to sections 145 and 146, Cr.P.C.?
2. In the meantime, the impugned order is suspended and the disputed property bearing No. U-218-A, Mochi Bazar, Rawalpindi, should be attached and continue to remain so till the disposal of the appeal.