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Criminal Petition for Special Leave to Appeal No. 1218 of 1980, decided on 10th August, 1981.
(On appeal from judgment and order of the Lahore High Court dated 30‑6‑1980 in W. P. 737/1980).
‑‑‑ Arts. 199 & 185(3)‑Extraordinary jurisdiction‑Approach of High Court in refusing to deflect normal course of a criminal case through exercise of writ jurisdiction, held, not only salutary but also in accord with principles laid down by Supreme Court‑Writ petition being not competent and having been rightly dismissed, leave to appeal declined.
Ghulam Muhammad v, Muhammad Khan and 4 others P L D 1967 S C 317 ref.
Zaheer Ahmad Khan, Advocate and Ejaz Ahmad Khan, Advocate‑on- Record for Petitioner.
Nemo for Respondents
Date of hearing: 10th August 1981.
,
.‑Leave to appeal has been sought from judgment dated 30th June, 1980 of the Lahore High Court whereby a constitutional petition arising out of an order passed by a Court of Criminal jurisdiction was dismissed.
A learned Special Judge (Customs) notwithstanding legal objections raised from the petitioner's side with regard to competency of the criminal proceedings before him, formally charged the petitioner. A criminal revision filed by the petitioner having been dismissed, he sought relief for the annul ment of the criminal case through a writ petition and the same having been dismissed mainly on the ground that the High Court would not in its discretionary jurisdiction short‑circuit for the normal procedure of trial as provided by law, the petitioner has now sought leave to appeal.
After hearing learned counsel for the petitioner in support of the grounds taken in this petition at some length, we are of the view that the approach of the learned Single Judge in the High Court in refusing to deflect the normal course of a criminal case through exercise of writ jurisdic tion is not only, salutary but also in accord with the principles laid down by this Court in Ghulam Muhammad v. Muzammal Khan and 4 others (PLD1967SC317) although the case dealt with therein was under ordinary general law. In our view, the writ petition was not competent and having rightly been dismissed, there is no justification for entertaining this petition. The same is accordingly dismissed.
Petition dismissed.
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