' Applicant, Abdul Qadar Qureshi, invoking inherent jurisdiction of this Court has approached this Court under section 561-A, Cr.P.C. Praying for setting aside the order dated 20-9-2003 passed by learned Sessions Judge, Karachi Central whereby Criminal Revision Application hearing No,15 of 2003, moved by respondent No,1, assailing legality and propriety of the order dated 26-4-2003, passed by the learned VIth Judicial Magistrate, Karachi Central in Criminal Case bearing No,63 of 2003, dismissing applications, moved by respondent No,1 under Articles 158 and 161 of Qanun-e- Shahadat Order, 1984, was allowed.
' Brief facts leading to the filing of this criminal miscellaneous application are that on the basis of F.I.R. Bearing No,55 of 2002, registered under section 408/34, P.P.C. Criminal Case bearing No,63 of 2003 is pending against applicant and other co-accused in respect of alleged misappropriation of money during the employment of applicant with respondent No,
1. During the trial, witness of respondent No,1 wanted to produce some documents i,e, undertaking given by the accused to make the loss good if any amount is found short after audit report, bank statement, relevant pages of the cash register but since such production was objected by the counsel of the applicant, respondent No,1 moved application under Articles 158 and 161 of Qanun-e-Shahadat Order, 1984 which was dismissed by the trial Court holding that the application was filed at belated stage i,e, after 2 years and 10 months from the date of incident and the documents were not produced before the Investigating Officer though the same were in possession of the complainant/respondent No,
1. Respondent No,1 assailed legality and propriety of the said order through Criminal Revision Application bearing No,15 of 2003 before the learned Sessions Judge, Karachi Central which was allowed.
' Challenging the said order applicant, Ahdul Qadar Qureshi, invoking inherent jurisdiction of this Court, has approached this Court under section 561-A, Cr.P.C. Praying for setting aside the said order of learned Sessions Judge, Karachi Central.
' I have heard and considered the arguments of all the learned counsel, appearing on behalf of the applicant, State and respondent No,1, perused the record and have also gone through the case- laws, cited at the bar.
' It may be pointed out, at the very outset. That the present application is not maintainable under the law. According to section 439-A, Cr.P.C. The Sessions Judge or as the case may be an Additional Sessions Judge has been empowered to exercise any of the powers conferred on the High Court by section 439; Cr.P.C and subsection (4) thereof bars the jurisdiction of this Court to entertain any proceedings in revision with respect to an order made by the Sessions Judge under section 439-A, Cr.P.C. The said subsection (4) of section 439, Cr.P.C. Is reproduced below:-- "(4) Nothing in this section shall be deemed to authorize a High Court-
(a) complete. Section 561-A, Cr.P.C. Cannot be invoked to circumvent or 13
(b) to entertain any proceedings in revision with respect to an order made by the Sessions Judge under section 439-A."
' As is clear from the above subsection, the bar provided thereby is bypass any express provision of the Code. No doubt, the powers conferred by the Code of Criminal Procedure on this Court under section 561-A are far and wide, but resort to this section can be had in exceptional cases, when it is necessary to prevent abuse of the process of the Court, or to secure ends of justice. If this criminal miscellaneous application, moved under section 561-A, Cr.P.C. Is allowed the same would clearly tantamount to entertaining a second revision against the order of the Sessions Judge passed under section 439-A. Cr.P.C. For this Court has been barred by subsection (4) of section 439, Cr.P.C..
As indicated above. I am fortified by two judgments reported as Rajo v. Muhammad Qassim 1978 PCr.LJ 706 and Burewala Textile Mills Limited v. The State PLD .1978 L h.
287. In both the cases the High Court declined to give relief in view of the provisions of section 439(4), Cr.P.C. This Court, under section 561-A, Cr.P.C. Can only interfere with the order/judgment passed by Sessions Judge under section 439-A, Cr.P.C. When extraordinary circumstances i,e, finding the conviction based on no evidence at all etc., are brought to the knowledge of the Court but since in the present case the documents, refused to be accepted by the trial Court, are material and relevant to the fact in issue and the fate of the case could be decided on the basis of the same, it was obligatory to the trial Court to receive those documents during the evidence of the witness of respondent No,1 for deciding its genuineness and refusal to accept the same on the ground of their being tiled at belated stage is groundless when the trial of the case is in progress and all the witnesses on behalf of the prosecution have not yet been examined.
' Accordingly, I am not inclined to admit this criminal miscellaneous application to regular hearing, which, hereby, is dismissed in limine.
' With the above observations, this Criminal Miscellaneous Application No,173 of 2003 stands disposed of.