1. ' SH. RIAZ AHMED, C.J.---Leave to appeal is sought against the judgment, dated 18-5-2001 whereby a learned Single Judge of the Lahore High Court accepted the appeal preferred on behalf of State under section 417, Criminal Procedure Code, and by setting aside the judgment, dated 18-10-1986 remanded the case to the trial Court for its retrial by affording an opportunity to the prosecution to prove its case against the acquitted accused.
2. With the assistance of the learned counsel for the petitioners, we have gone through the judgment sought to be impugned as well as the order of the trial Court, by means of which, instead of framing the charge, the learned trial Judge proceeded to acquit the petitioners of the charge.
3. Perusal of the relevant record shows that witnesses were unanimous on the question of misappropriation of five trucks of wheat and the prosecution was not afforded fair opportunity to produce its evidence in order to prove the guilt of the accused-petitioners. Obviously, this was a perverse order and the learned Judge had acted in a perfunctory manner to acquit the petitioners in terms of section 249-A, Criminal Procedure Code without recording any evidence, therefore, in our view learned Single Judge was perfectly justified to set aside same and to remand the case for fresh decision on merit after recording the evidence and, therefore, no case for interference is made out. Consequently, this petition is dismissed being devoid of any merits and substance and leave to appeal declined accordingly. However, Court seized of the trial is directed to proceed with the trial on priority basis so that its stands concluded within a period of six months positively and a final report in this regard shall be submitted to the Registrar of this Court by the trial Judge concerned.