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Criminal Revision Application No. 164 of 1974, decided on 30th April 1976.

‑‑‑ S. 439‑‑Revision‑Revision petition not signed by petitioner and vakalatnama filed by counsel bearing a date long before cause of action arose‑‑Counsel although directed to produce affidavit of petitioner yet failing to produce same‑Petition dis missed, in circumstances.‑[Revision (criminal)].

M. R. Zafar for Applicant.

Khuda Bux Umrani for Respondent No. 1.

Hussain Adil for A.‑G. for the State.

Date of hearing : 30th April 1976.

This revision application has been filed against the order of discharge passed by the XVIII A. C. M., Karachi in a case for offence under section 324/31, P. P. C. the revision against the said order of discharge having been dismissed by the IIIrd Additional Sessions Judge, Karachi.

2. The facts in brief are that on 1C‑4‑60 the present applicant Sultan a Chowkidar of one Abdul Kadir Chhottani went on the roof of the bungalow to take some clothes that had been left there for drying. The servant of the adjoining bungalow is said to have quarrelled with Sultan and at the instigation of the owner of that bungalow respondent Abdur Rehman, his servant Mohammad is said to have beaten Sultan and stabbed him with a knife causing simple injury on the shoulder. Mohammad absconded during the proceedings. His employer Seth Abdur Rehman was discharged by the trial Court on the ground that there was solitary word of Sultan against him supported only by another witness Azizullah who was also working in the bungalow of Chhottani and was not an independent witness. Apparently Sultan and his witness being both servants of Chhotani were dis believed because Chhotani was supposed to be having a grudge against respondent Seth Abdur Rehman. Seth Abdur Rehman is said to have pur chased that bungalow adjoining the bungalow of Chhottani about a month prior to this incident against the swishes of Chhottani who wanted to have the bungalow for himself.

This discharge was maintained by the Additional Sessions Judge before whom the revision application was preferred against the discharge order. The learned Additional Sessions Judge was also of the same view that only one witness was examined by the prosecution besides complainant sultan and he was not independent witness. Even the medical officer has not been examined in support of the injury. Against the order passed in revision by the Additional Sessions Judge the present revision petition has been preferred.

4. This revision application in the High Court was filed on 18‑5‑1974. It is not signed by applicant Sultan but it bears the signature of Mr. M. R. Zafar as Advocate for the applicant. This application was filed alongwith a Vakalatnama which was taken from Sultan according to the certificate of Mr. Zafar on 24‑12‑1972 i. e. at a time when there was no question of filing this revision application in the High Court, Obviously this Vakalatnama had not been obtained by Mr. Zafar for tiling of this revision application but for some other purpose. At the time of admission of this revision application the order sheet shows that the learned counsel was required to file an affidavit of applicant Sultan in support of the revision application. How ever, till this day no such affidavit appears to have been filed. It is apparent that the said Sultan who was a Chowkidar or domestic servant of Chhotani has left service and disappeared from Karachi long before the filing of this revision application. It is not Sultan but apparently it is some other person behind the scene who is carrying on this litigation to involve respondent Seth Abdur Rehman. It is unfortunate that the learned counsel Mr. Zafar bad taken the entire burden on himself of filing this revision application behind the back of Sultan who is not traceable to this date. For these reasons and also on merits I find that this revision application cannot be allowed, and it is accordingly dismissed.

Petition dismissed.

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