' MUNIR A. SHEIKH, J.---The petitioners seek leave to appeal against the order, dated 24th October, 1997 passed by the learned Judge in Chamber of Lahore High Court Rawalpindi Bench in Writ Petition No,529 of 1997 through which the said petition filed by the petitioners has been dismissed.
2. According to learned counsel for the petitioners, through an administrative order passed by the learned Judge in Chamber of Lahore High Court Rawalpindi Bench, the case of the petitioners for fresh decision was sent back to different Court from the one which earlier through oral order had acquitted them which was challenged in Constitutional Petition No,529 of 1997 by the petitioners from which this petition for leave to appeal has arisen.
3. Learned counsel for the petitioners argued that instead of sending the case back for fresh decision to different Court, the case should have been sent to same learned Judge of the trial Court who had earlier announced the order orally for acquitting the petitioners, for writing judgment of acquittal instead of fresh decision to a different Court.
4. The parties are not in agreement in respect of the crucial point whether through oral order, the petitioners were acquitted. Learned counsel for the respondent/caveator brought to our notice interim orders passed by the trial Court according to which the case on 27th January, 1997 was adjourned to 28th January, 1997 for announcement of order and there is no observation on the order-sheet of the said date that the order had been announced orally for the acquittal of the petitioners, therefore, the case was sent back by the High Court on administrative side to different Court for deciding the same.
5. Learned Judge in Chamber after considering the facts and circumstances of the case came to the conclusion that the case was rightly sent to the Court for disposal. It has been held that oral order did not create any right in petitioners even if the same had been announced as according to the provisions of Criminal Procedure Code, only judgment in writing is to be considered as judgment in the case. This view finds support from the judgment quoted as the State v. Asif Adil and others 1997 SCM R 209 in which this Court declared that only judgment in writing is to be considered judgment in the case and mere oral order does not create any right.
6. Learned counsel for the petitioners submitted that before sending the case back on the administrative side, the High Court should have given petitioners opportunity of hearing. Since learned Judge in Chamber in the Constitutional Petition of the petitioners has heard them at length and finding recorded on reconsideration of the entire matter on the judicial side and the order sending back the case for disposal is in accordance with the rules laid down by his Court in the above case, therefore, the same does not suffer from any illegality.
7. For the foregoing reasons, this petition has no merit which is accordingly dismissed and .