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Petition for Special Leave to Appeal No. 16 of 1968, decided on 13th March 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 7th November in Criminal Revision No. 252 of 1.963).
S. 315-Acquittal-High Court in revision against acquittal setting aside order of Magistrate and directing re-trial-Question whether High Court in circumstance had acted on sound principles in selling aside acquittal-Special Leave to Appeal granted by Supreme Court-Criminal Procedure Code (V of 1898), S. 439.
Petitioner in person.
Nemo for Respondents.
Date of hearing: 13th March 1968.
The petitioner was acquitted by the trial Magistrate of a charge under section 325, P. P;. C. brought against him by his brother respondent No. 1. The latter moved the High Court in revisional jurisdiction on which a learned Single Judge has set aside the acquittal and directed re-trial on the view that the treatment of the evidence by the trial Magistrate was perverse and biased.
On hearing the petitioner in person and examining the record we are prima facie not inclined to agree with the view which has prevailed in the High Court. Leave to appeal is accordingly granted to consider whether the High Court has acted on sound principles in setting aside the acquittal of the petitioner and directing a re-trial, Further proceedings shall in the meantime remain stayed.
Leave granted.
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