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MUHAMMAD IQBAL versus THE STATE


Appeal for leave of appeal with the advice of the applicant that its remedy is to approach the competent Court against the order of the trial court and not the request of the Supreme Court to revise the order in which its re-opening. Justification can be justified. , Article 58 (3)

1968 P Cr. L J 209

[Supreme Court]

Present: A. R. Cornelius, C. J. and S. A. Rahman, J

Criminal Review Petition No. 8 of 1967

Choudhary FEROZE DIN‑Petitioner

versus

(1) M. JAVID, ADVOCATE, AND

(2) M. YAKUB‑Respondents

AND

Criminal Review Petition No. 9 of 1967

Choudhary FEROZE DIN‑‑Petitioner

versus

(1) Choudhary ABDUL RAZAK, ADVOCATE,

(2) M. JAVID, ADVOCATE, AND

(3) M. YAKUB‑Respondents

Criminal Review Petitions Nos. 8 and 9 of 1967, decided on 24th October 1967.

(In the matter of review on this Court's order dated the 10th May 1967, in Criminal Review Petitions Nos. 8 and 9 of 1966, respectively).

Review‑

-----

----Petition for leave to appeal dismissed with advice to petitioner that his remedy was to approach competent appellate Court against order of trial Court and not Supreme Court‑Petition seeking review of that order saying nothing which could justify its re‑opening‑Petition dismissed‑Constitution of Pakistan (1962), Art. 58(3).

Petitioner : In Person.

Nemo for Respondents.

Date of hearing : 24th October 1967.

JUDGMENT

S. A. RAHMAN, J.‑

Two petitions for special leave to appeal from an order passed by the High Court were filed in this Court by Choudhary Feroze Din, the petitioner, and they were dis missed by order dated the 7th October 1966. A petition seeking review of that order was also dismissed by this Court on the 10th May 1967. This is another petition for review of the original order dismissing his petitions for special leave to appeal.

We have heard the petitioner in person. Apparently he has nothing to say against the order dated the 10th May 1967, in which it was pointed out that if the petitioner feels aggrieved by any action on the part of the trial Magistrate, or the Civil Judge, who had dealt with his Civil Suit, his obvious remedy was to approach the competent appellate. Court, and not this Court. The petitioner has said nothing which could justify the re‑opening of that order.

The petitions are dismissed.

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