1. ' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 10-10-2001 passed by a learned Single Judge of the Lahore High Court, Lahore whereby Criminal Appeal No,930 of 1999 filed by the respondents against the order, dated 25-3-1998 passed by the learned Special Judge Anti-Corruption, Lahore, acquitting the petitioners under section 249-A, Cr.P.C., was allowed directing the learned trial Judge to take serious note and decide the case on priority basis by giving opportunity to the prosecution to prove its case.
2. ' The facts briefly narrated for the disposal of this petition are that the respondents filed a complaint against the petitioners that they in a forged and fraudulent manner grabbed Government properties valuing crores of rupees with the connivance of the officials of Lahore Development Authority. The learned Special Judge Anti-Corruption, Lahore, secured a report and after preliminary enquiry issued process against the petitioners. Some of the petitioners then moved an application under section 249-A, Cr.P.C. For quashment of proceedings against them and the learned Special Judge Anti-Corruption, Lahore, vide his order, dated 25-3-1998 accepted the same and acquitted the petitioners. The respondents filed Criminal Appeal No,930 of 1999 against the above order which has been accepted by a learned Single Judge of the Lahore High Court through the impugned judgment. Hence this petition.
3. ' We have considered the contentions raised by the learned counsel for the parties and have gone through the material placed on record with their assistance. We have noticed that the learned Special Judge Anti-Corruption, Lahore, initially issued process against the petitioners after going through enquiry report as well as preliminary evidence brought on record. However, subsequently the learned Special Judge on an application moved under section 249-A, Cr.P.C. By some of the petitioners quashed the proceedings against them without affording an opportunity to the prosecution to adduce evidence. The order of the learned Special Judge Anti-Corruption, Lahore, in acquitting the petitioners is scanty and has been passed in a slipshod manner without providing opportunity to the prosecution to lead evidence. We do not want to dilate upon the issues raised by the learned counsel for the parties respecting the merits of the case as this exercise would have adverse effect on the case of either party. In these circumstances, we are of the opinion that no illegality has been committed by the learned Judge of the High Court in accepting the appeal of the respondents and remanding the case to the learned Special Judge Anti-Corruption, Lahore, for re-trial of the case against the petitioners.
4. ' Resultantly, taking note of all the circumstances of this case the instant petition being without any force is dismissed and leave declined.