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NAZIR AHMAD versus MAGISTRATE (SECTION 30), JHELUM


Petition for review of the order under the Constitution of Pakistan 1973 Article 199 and the Code of Criminal Procedure (v. 1898), Section 5on5 / 9439 illegal jurisdiction, Section 24 249A, hearing in CCP session court, An appropriate remedy, the writ petition was dismissed as ineligible sessions. The judge directed the hearing to be speeded up

1983 P Cr. L J 2428 (1)

[Lahore]

Before Aftab Hussain, J

Mian NAZIR AHMAD‑Petitioner

versus

MAGISTRATE (SECTION 30), JHELUM AND OTHERS‑Respondents

Writ Petition No. 4144 of 1979, decided on 31st July, 1979.

Constitution of Pakistan (1973)‑

‑‑ Art. 199 and Criminal Procedure Code (V of 1898), S. 435/439 Constitutional jurisdiction‑Revision petition against order under S. 249‑A, Cr.P.C. pending in Court of Session‑Such being a more adequate remedy, writ petition dismissed as incompetent‑Sessions Judge directed to accelerate hearing of revision.

Ch. Muhammad Ashraf Azim for Petitioner.

ORDER

This petition is incompetent since a revision petition against an order passed under section 249‑A, Cr. P C. is pending before the learned Sessions Judge, Jhelum. It cannot be doubted that is a more adequate remedy. This petition is dismissed but the learned Sessions Judge is directed to accelerate the hearing of that revision petition.

M.Y.H. Petition dismissed.

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