Pakistan Case Law
1987 SCMR 1753(2)

ZARIF KHAN vs The STATE

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Citation1987 SCMR 1753(2)
CourtSupreme Court of Pakistan
Case No.Criminal Miscellaneous Application No.99 of 1986 Petition for Leave to
Judge(s)Zaffar Hussain Mirza, Abdul Qadir Sheikh, S. A. Nusrat
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter came before the Supreme Court of Pakistan as a petition for leave to appeal. The core legal question concerned whether the petitioner could be granted the relief sought through the judicial process. During the proceedings, the learned counsel for the petitioner elected not to press the petition, indicating an intention to seek alternative relief by approaching the Provincial Government directly. Consequently, the Supreme Court dismissed the petition as not pressed. The judgment establishes the principle that where a petitioner voluntarily abandons their claim in favor of pursuing administrative or executive remedies, the court will dismiss the petition accordingly without adjudicating the merits of the underlying legal dispute.

Questions settled in this judgment
  • Can a petitioner withdraw a petition before the Supreme Court to seek relief from the Provincial Government?
  • What is the effect of a counsel stating that a petition is not pressed?
petition for leave to appealdismissal of petitionnot pressedadministrative remedyjudicial discretion

1. Learned counsel for the petitioner does not press the petition as, according to him, petitioner will approach the Provincial Government for relief. The petition is therefore dismissed.

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