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Criminal Petition for Special Leave to Appeal No. K‑38 of 1983, decided on 28th April, 1983.
(On appeal from the judgment and order of the Sind High Court Karachi, dated 15‑2‑1983 passed in Criminal Revision No. 187 of 1980).
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), Ss. 435 & 439‑ Interlocutory order passed by High Court directing production of documents necessary for examination to consider a plea raised by petitioner in support of revision application‑‑Hardly open to challenge‑ Supreme Court declined to interfere‑‑Leave refused.
Usman Ghani Rashid, Advocate Supreme Court and Rashid Akhtar Qureshi,
Advocate‑on‑Record for Petitioner.
Faizanul Haq, Advocate‑on‑Record for the State.
Date of hearing: 28th April, 1983.
‑This is a petition for special leave to appeal from the order of a learned Single Judge, dated 15‑2‑1983 directing the petitioner to produce certain documents which were necessary for examination in order to consider a plea raised by him in support of the revision application. By the same order learned Judge further directed that the complainant in the case be joined as a co‑respondent in the revision application.
Since the learned Judge passed this order as he wished to be satisfied with a plea raised by the petitioner, it is hardly open to him to challenge the order. In any case, the order is of interlocutory nature, and interference by this Court is not called for.
Leave is refused and the petition is dismissed.
M.I. Leave refused.
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