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Criminal Petition No. 7‑11 of 1986, decided on 3rd March, 1986.
(On appeal from the judgment and order, dated 2‑2‑1986 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi in Criminal Miscellaneous No. 35/Q of 1985).
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), Ss. 561‑A & 439‑A‑‑Leave to appeal granted to consider question as to whether an application under S.561‑A, Criminal Procedure Code was competent after exercise of revisional powers by Sessions Judge under 5.439‑A, Criminal Procedure Code, in regard to same subject‑matter as if it was an appellate power to correct errors in order passed in exercise of revisional jurisdiction, particularly, when concurrent powers of revision were conferred on High Court and Sessions Judge.
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), Ss.145 & 146‑ Leave to appeal granted to consider whether orders passed in proceedings conform to Ss.145 & 146, Criminal Procedure Code.
Maulvi Sirajul Haq, Advocate Supreme Court instructed by M.A. Siddiqi, Advocate‑on‑Record for Petitioner.
M. Kowkab Iqbal, Advocate‑on‑Record for Respondents.
Date of hearing: 5th March, 1986.
‑Leave to appeal is granted to consider the following questions:
(i) As to whether an application under section 561‑A, Cr.P C. was competent after the exercise of revisional powers by the Sessions Judge under section 439‑A, Cr.P.C. in regard to the same subject‑matter as if it was an appellate power to correct errors in the order passed in the exercise of revisional jurisdiction, particularly when the concurrent powers of revision are conferred on the High Court and the Sessions Judge, and
(ii) do the orders passed in the proceedings conform to sections 145 and 146, Cr.P.C.
In the meantime, the impugned order is suspended and the disputed property bearing No. U‑218‑A, Mochi Bazar, Rawalpindi, should be attached and continue to remain so till the disposal of the appeal.
M. Y. H. Leave granted.
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