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1980. Criminal Review Petition No. 23-R of 1980, decided on 22nd November

(On Review of the judgment of Court, dated 31-5-80 in Criminal Appeal No. 86 of 1977).

O. XVI--Criminal proceedings-Review-Four Judges including Chief Justice hearing appeal of petitioner but opinion of Court, given by only three Judges due to name of Chief Justice being omitted from panel through inadvertence and copy of judgment not circulated to hint so that he could not give his opinion-Such shortcoming, held, merits rehearing of appeal.- [Rewiew].

Q. M. Salim, Senior Advocate and Muhammad Aslam Chaudhry, Advocate, on-Record (absent) for Petitioner.

Nemo for Respondent.

--In this review petition, the grievance of the petitioner is that although the appeal was heard on 18th l.February, 1980, by a Bench comprised of the Chief Justice, myself, G. Safdar Shah and Muhammad Afzal Zullah, JJ., yet the opinion of the Court as delivered on 31st of May, 1980, at Lahore, by only three Judges, that is myself, G. Safdar Shah and Muhammad Afzal Zullah, JJ and as such, it was a nullity in the eye of law. This submission has substance for, in fact, the appeal was heard, as contended above, by the Chief Justice as inadvertence his name was omitted from the panel of the Judges mentioned in the judgment sheet therefore, the copy of the judgment was not circulated to him and he did not give his opinion accordingly which shortcoming opinion, merits rehearing of the appeal. Accordingly, he would recall the judgment dated 31st of May, 1980, and direct that the appeal be listed for hearing before the present Beach, hearing the review petition, on 25th of November, 1980, with notice to the Advocate-General, Punjab. The counsel for the petitioner is notified of the date.

Review allowed.

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