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2004 SCMR 1026

MEHBOOB AHMED vs JAM SOBHA

Citation2004 SCMR 1026
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 409-L of 2003
Date2003-11-24
Judge(s)Sh. Riaz Ahmad, Karamat Nazir Bhandari
ResultLeave refused

ORDER

' SH. RIAZ AHMAD, C.J.---This petition for leave to, appeal arises from the order, dated 2-6-2002 whereby the learned Division Bench of the Lahore High Court by allowing the criminal revision petition preferred on behalf of the respondent, set aside the judgment of the learned Sessions Judge, Rahitnyar Khan, dated 27-10-1992 and remanded the case to the learned Sessions Judge Rahimyar Khan with A direction to restart the trial from the stage of arguments against Mehboob Ahmed respondent alone.

2. The impugned order is only the interim order, and been manycontentions have en raised by Barrister M. Farani to canvass that the same is not in accordance with law, because the High Court has omitted to consider the import of section 99 Pakistan Penal Code.

3. Be that as it may it would not be proper at this stage by this Court to dilate upon the merits or to opine about the correctness, legality or otherwise of the judgment of the High Court as the trial Court in pursuance of the interim order has yet to determine the guilt orinnocence of the person involved, therefore, in the interest of justice, we direct the trial Court to proceed with the case as expeditiously as possible quite independently without being influenced by any observation made by the High Court.

' Petition dismissed and leave to appeal declined. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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