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1994 SCMR 1962

EHSAN AHMED and anothers vs THE STATE and another

Citation1994 SCMR 1962
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 294 and 295 of 1992 W.P. No, 1003 of 1991 and W.P. No,87
Date1992-10-07
Judge(s)Muhammad Afzal Zullah, Wali Muhammad Khan
ResultLeave refused

ORDER

1. ' MUHAMMAD AFLAL ZULLAH, CI-Leave to appeal has been sought by the accused in a criminal case against the dismissal by the High Court of their Writ Petitions.

2. ' The point raised is very simple; namely, that a Sessions Court, as asserted, has no power under section 439-A of the Criminal Procedure Code as a revisional Court to set aside a conviction and remand the case for re-trial.

3. When it was pointed out to the learned counsel that the question raised by him already stands resolved by this Court in Abdul Rehman Bajwa v. Sultan and 9 others (PLD 1981 SC 522) and the verdict therein goes against the petitioners; learned counsel frankly stated that he had filed this petition only hesitatingly on the insistence of the petitioners; otherwise he was doubtful about the proposition canvassed therein. Thus he could not press the petitions any further. Accordingly, leave to appeal is refused.

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