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1989 MLD 4727

ALI AHMAD vs CH. MUHAMMAD ASHRAF And Other

Citation1989 MLD 4727
CourtLahore High Court
Case No.Writ Petition No.2811 of 1989
Date1989-05-29
Judge(s)Rashid Aziz Khan
Resultorder stay

ORDER

The facts leading to the filing of this Constitutional Petition are that respondent No.3 had got a case registered under section 325/148/149 P.P.C. Against the petitioners which is pending in the Court of Magistrate 1st Class, Police Station City Renala Khurd, District Okara. A.I Ahmad petitioner also filed a complaint with regard to the same incident, and respondent No.3 with others was summoned as accused. Sultan Ahmad respondent filed an application under section 249-A Cr.P.C. In the complaint case for his acquittal, which was accepted by the, learned Magistrate. Thereafter, the petition for leave to appeal was filed in the High Court assailing the order of the Magistrate which is pending. In the meanwhile, the petitioner moved an application in the police case registered against him and others, before the Magistrate to the effect that the proceedings in A the said case be stayed till his appeal was decided by the High Court. The petition vas accepted. That order was assailed in Revision before the Sessions Judge Okara, who accepted the Revision petition and set aside the order of the learned Magistrate. In the present Constitutional Petition the petitioners assail the order of the learned Sessions Judge and pray that a direction be given to the Magistrate for staying the proceedings.

2. I have heard the learned counsel at length. On enquiry, the learned counsel had to concede that no order staying the proceedings before the trial Court was passed by the learned Court which admitted the petition for leave to appeal against the acquittal of the respondent. Both the cases have to proceed independently of each other. I find no merit in the petition which is dismissed.

S.A./A-758/KWrit refused.

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