' Muhammad Aslam Khan preferred a revision petition against Muhammad Sadiq, Mst. Rehmat Jan and Muhammad Sarwar Khan, against the order of their acquittal passed by the District Criminal Court, Rawalakot, alongwith the appeal preferred by Muhammad Shard against the order of his conviction, by this Court on September 25, 1983. The order of this Court was challenged in appeal before the Supreme Court. However, so far as the dismissal of revision petition was concerned, it was not assailed. Thus, the order of this Court passed in the revision petition became final.
2. The appeal preferred before the Supreme Court was accepted and the case was remanded to this Court for its fresh disposal.
3. On the last date of hearing attention of the Court was invited to the fact that notice was not issued to the respondents in the revision petition addressed by Muhammad Aslam Khan against Muhammad Sadiq Khan and others. Thus, in the light of the request of the counsel for the petitioner, notice was issued on October 28, 1990.
4. Today, Mr. Iqbal Ahmad, the learned counsel who appeared on behalf of the respondents, invited attention of the Court to the previous order of this Court whereby the revision petition, under consideration was finally dismissed. The learned counsel pointed out that the order of dismissal of the revision petition was not challenged in the Supreme Court, as such it had attained finality. In the situation, the notice issued by this Court to the respondents was unwarranted.
5. Mr. Rafique Mahmood Khan, the learned counsel for the petitioner admits the aforesaid position.
In view of the aforesaid situation, it appears that the notice was issued to the respondents inadvertently. As there is no matter (revision petition) against the respondents before this Court, therefore, the notice is hereby discharged.