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2004 YLR 789(1)

SHEHZAD RAZA and others vs ATIF ZESSHAN

Citation2004 YLR 789(1)
CourtSindh High Court
Case No.Revision Petition No,45 of 2003
Date2003-09-30
Judge(s)Sarmad Jalal Osmany
ResultOrder accordingly

ORDER

1. Grant subject to all just exceptions.

2 and 3. Learned counsel submits that the impugned order whereby the application of the applicants under section 249-A, Cr.P.C. Was dismissed suffers from a legal infirmity inasmuch as in the main case viz. 55 of 1999 the Company was not made a party and hence reinstatement could not be ordered. Secondly, per learned counsel, in the said main case only respondent No,1 was a party hence the criminal complaint under section 25-A (a) could only be moved against the said respondent whereas in the present case respondents Nos. 2, 3 and 4 have also been made accused, Hence, learned counsel prays for notice and also in the meantime that the proceedings before the Labour Court be stayed.

'I have heard the learned counsel and gone through the record. Prima facie, it appears that at least respondents Nos. 2, 3 and 4 cannot become accused persons for the simple reason that they were not the respondents in the main case in which the applicant was reinstated. In the circumstances, let notice be issued and in the meanwhile, the proceedings before the learned Labour Court are suspended. Adjourned to 16-10-2003.

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