SAJJAD ALI SHAH, C.J.---Respondent No.1. Ata Jan, armed with knife and his to accomplices armed with Dandas allegedly attacked and caused injuries to the petitioner and his son and in the result respondent No. l and Syed Abdul Karim Shah were put on trial for offences under sections 323 and 324, P.P.C while one co-accused, namely, -Sardar Shah absconded. Trial Court convicted them for offence under section 324, P.P.C and sentenced them to R.I. For to years and fine of Rs.5,000 or in default R.I. For six months and under section 323, P. P. C sentenced them to R.I. For one year and fine of Rs.1,000 or in default R.I. For three months. Appellate Court remanded the case to the trial Court for recording of defence evidence. After remand, the trial Court acquitted respondent No. 1.
2. Petitioner challenged acquittal through Criminal Revision No.1 of 1993, which was dismissed by the High Court vide order, dated 17th January, 1993 on the ground that it was incompetent and was filed without moving the Provincial Government for filing acquittal appeal as contemplated under section 417, Cr.P.C. Subsequently, the Government filed Criminal Appeal No.34 of 1993 with an application for condonation of delay but the same was dismissed on the ground of limitation vide order dated 4th November, 1993. Petitioner then filed Criminal Revision No.90 of 1993 for having acquittal order set aside but the same was dismissed on the ground that after dismissal of acquittal appeal, revision filed by the complainant was barred under 'the law.
3. Leave is granted to examine whether after dismissal of acquittal appeal, revision can be filed competently by the complainant or not.