IMAM ALI KAZI, J:- The Applicant alongwith two others were sent up by the Police to stand trial under Sections 323, 325, 147, 148 & 34 PPC in the court of Additional City Magistrate XIII (East) Karachi, In fact this was the counter case ol murder case under FIR No. 110 of 1984 and Sessions Case No.393 of 1985. The counter case was forwarded to the Sessions Judge for trial while in the other case the proceedings were stopped by the Magistrate due to non-appearance of the witnesses under Section 249 Cr.P.C.
On an application the Sessions Judge transferred the proceedings of the case to his file and revived it on the application filed of the prosecution.
The applicants through the present application filed under Section 561-A Cr.P.C, seek quashment of the case which was stopped by the Magistrate and revived of the Sessions Judge as stated above.
2. Mr. Jamilur Rehman, Advocate for the Applicants, mainly contended that once a case was stopped by the Magistrate it is only the Magistrate who could revive it. The Sessions Judge for that purpose could not act in any manner.
Mr.A/i/ur Rehman, Advocate appearing for the Advocate General Sindh, stale that the Advocate for the Applicants has not justified his case and he will not support it.
3. Once a case is stopped under Section 249 Cr.P.C, it docs not by itself, as is-clear from the language of the Section, terminate the proceedings finally as the case is neither discharged nor acquitted. Under such circumstances proceedings shall be taken to be still pending although an order to stop the proceedings be passed in such a case. The Sessions Judge could transfer such pending proceedings to his file and pass an appropriate order for reviving it.
Besides this is a counter case of the murder case and it will be only appropriate and fair that both the cases are tried together as otherwise any decision in this case will prejudice the interest of the accused persons in the other case.
For the foregoing reasons I find no merit in this application and is dismissed in limine.