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1985 SCMR 1913

KHAIR DIN vs The STATE

Citation1985 SCMR 1913
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 18 of 1985 Criminal
Date1985-05-27
Judge(s)Aslam Riaz Hussain, M. S. H. Qureshi
ResultPetition dismissed

ORDER

ASLAM RIAZ HUSSAIN, J.--The petitioner seeks leave to appeal against the order of the High Court, dated 12-12-1984, dismissing his criminal revision.

2. The facts, briefly, are that on reports made by Mr. M.A. Lone, Khair Din petitioner was facing trial in 5 different criminal cases in the Court of Mr. Sardar Ali Gorsi, Magistrate Section 30, prosecution evidence was recorded in one of these and even the statements of the accused was recorded, when he made a transfer application for transfer of the case: The case has since been transferred to to different Courts and is now pending in the Court of Mr. Muhammad Zawar Ali, Magistrate Section 30. Before each Magistrate the petitioner applied for de novo trial but his applications were dismissed each the. On to occasions he also filed criminal revisions before the Additional Sessions Judge which were dismissed. On the third occasion he filed a criminal revision before the High Court which to was dismissed. A prayer was also made for re-calling Abdul Aziz C.W. For further cross-examination. This was, however, allowed by the High Court vide the impugned order.

3. Feeling aggrieved the petitioners have filed the present petition for leave to appeal.

4. We have heard the petitioner's counsel at length and gone through the impugned order.

After careful consideration of the matter we feel that there is no flaw in the impugn order of the High Court and does not merit interference by this Court. The petition is, therefore, dismissed.

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