Through this Writ Petition learned counsel for the petitioner has assailed the judgment, dated 25-7- 1994 passed by Ch. Muhammad Yasrab, learned M.I.C., Jauharabad by virtue of which he acquitted the respondents Nos.2 to 4 by giving them benefit of doubt. This judgment was further assailed through revision filed by the present petitioner and was dismissed vide judgment dated 17-10-1995 by the learned Additional Sessions Judge, Jauharabad.
2. The only grievance of the petitioner is that during the interregnum period of filing of the revision petition as well as the order passed by the learned Additional Sessions Judge, dated 17-10-1995 an amendment was made to section 417, Cr.P.C. By Act XX of 1994, dated 14-11-1994 while the learned Additional Sessions Judge without applying his mind to the amendment made inside especially giving his observation in para. 8 of the judgment and limiting its scope of the revisional side although he was under the bounden duty of law to treat it as an appeal and decide the same accordingly.
3. Learned counsel appearing on behalf of respondents Nos.2 to 8 submits that the nature of the order passed by the learned Addl. Sessions Judge is of an appeal as he has applied his mind to the minute piece of evidence produced by the prosecution and looked into by the learned trial Court while acquitting the respondents. However, he concedes to the facts that the amendment was made B before the announcement of the order on revision, which was filed on 8-8-1994. The learned State Counsel also concedes to the fact that in fect the learned Additional Sessions Judge had to treat the same as an appeal.
4. The parties are litigating since 1992 and it will be unjust for them to go on a long litigation which will tantamount to unjust for each side, therefore, keeping in view the aforesaid amendment made in section 417, Cr.P.C. I set aside the judgment dated 17-10-1995 passed by the learned Additional Sessions C Judge, Jauharabad and direct him to conclude this case within one month of the entrustment of this case to him by the learned Sessions Judge, Jauharabad.
5. The parties are directed to appear before the learned Sessions Judge, Jauharabad on 5-5-1996.
6. With this observation the instant Writ Petition stands disposed of.