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KHAN BAHADAR versus BARKAT AHMAD


Section 185 (()) Criminal Code of Conduct (v. 1898), Section 517 Release of Appeal Against the High Court Order A petition is pending for the hearing of the petitioner against the order passed by the applicants. An irregular face that should not be filed has been removed

1984 S C M R 58(1)

Present: Aslam Riaz Hussain and Nasim Hasan Shah, JJ

KHAN BAHADAR‑‑Petitioner

Versus

BARKAT AHMAD AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 114 of 1981, decided on 13th March, 1983.

(On appeal from the judgment and order of the Lahore High Court, dated 10th February 1981 in W. P. 134/81).

Constitution of Pakistan (1973)‑

Art. 185 (3)‑Criminal Procedure Code (V of 1898), S. 517 Leave to appeal sought against order of High Court dismissing petitioner's writ petition against order of Superdari passed by Sessions Judge in criminal matter pending before said Sessions Judge‑Petition being on face of it a frivolous one which ought not to have been filed, dismissed.

Nazir Ahmad Shami, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.

Date of hearing : 13th March, 1983.

ORDER

ASLAM RIAZ HUSSAIN, J.

‑The petitioner seeks leave to appeal against the order of the High Court, dated 10‑2‑1981, dismissing his writ petition against an order of Superdari passed by the learned Additional Sessions Judge in criminal matter pending before him.

We have gone through the impugned judgment and heard the learned Advocate‑on‑Record for the petitioner because the learned counsel has not, cared to appear. He has good reason for not appearing because the petition is on the face of it is a frivolous one and ought not to have been filed. it is consequently dismissed.

M. Z. M. Petition dismissed.

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