1. ' SYED PIR ALI SHAH, J.--- Through this application under section 561A, Cr.P.C., appellant's counsel has prayed that order, dated 13-12-2007 passed by this Court may be set aside and the appellant may be extended opportunity to proceed with this case. Upon service of notices, both the respondents, namely, Shah Muhammad Ajmal and Muhammad Siddiqui have come forward along with their counsel Syed Ahsan Raza.
2. ' Heard, arguments from appellant's counsel so also respondents' counsel and Mr. M. Iqbal Khalhoro, A.P.G.
3. ' Perusal of order sheet shows that on 13-12-2007 appellant and his counsel remained absent while both the respondents along with their counsel were present and State counsel was also there. This Court after going through the impugned order, dated 9-1-2007 considered this acquittal appeal, which was at katcha peshi and concluded that the impugned order of acquittal appeal passed by a learned Single Judge of this Court was just and proper and as such the same was upheld.
4. Consequently this acquittal appeal was dismissed which has now been subjudiced while invoking powers of this Court under section 561-A, Cr.P.C.
5. ' Learned counsel for the appellant submits that great injustice has been caused while passing the orders, dated 13-12-2007 which were passed in absence of the appellant and his counsel. This application was filed on 27-12-2007 against orders, dated 13-12-2007 which were final in all respect.
6. The filing of this application invoking powers of this Court under section 562-A, Cr.P.C. Are untenable in the eye of law. If at all, appellant was aggrieved, he could have impugned orders, dal 13-12-2007 for proper remedy before apex Court, which was the proper forum: is not a civil matter, so that the same can reopened by way of filing interlocutc and miscellaneous applications. Learn counsel for the appellant did not produced the any case-law in support of his arguments. This application under section 561-A, Cr.P.C. Is hardly maintainable so far prayer contained in it is concerned. Resultantly, this application filed under section 561-A, Cr.P.C. Being misconceived is hereby dismissed.