BABU versus THE STATE

Section 9439 Re-trial, re-trial for the purpose of filling the vacancy, the benefit of the lacuna left in the case of the prosecutor, if the accused goes to the courts, the opportunity for the prosecutor to fill the vacancy left Do not help provide, the case is very old and crime. A minor nature and the re-trial is likely to take a few more years, in which case a re-trial order has been set [re-trial]

P L D 1979 Karachi 540

Before Zakaullah Lodhi, J

BABU AND 2 OTHERS‑Applicants

versus

THE STATE‑Respondent

Criminal Revision Application No. 32 of 1975, heard on 23rd Aril, 1976.

Criminal Procedure Code (V of 1898)‑

‑‑ S. 439‑Re‑trial‑Re‑trial for purpose of filling gaps‑Benefit of lacuna, if any, left in prosecution case‑To go to accused‑Courts not to become instrumental in giving opportunities to prosecution to fill in gaps left in their case‑Case quite old and offence of a petty nature and re‑trial likely to take a couple of years more Order of re‑trial set aside, in circumstances.‑[Re‑trial].

Bugti and another v. The State 1963 P Cr. L J 1177; Abdul Salam v. The State P L D 1960 Dacca 425 and Sakar Mullah v. Didar Mullah P L D 1964 Dacca 170 Tel.

Muhammad Ibrahim Memon for Petitioners.

Babel Bhaf Huda for the State.

Date of hearing: 23rd April 1976.

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