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Criminal Suo Motu Revision No.96 of 1986, decided on 16th July, 1987.
---Ss.439(4) & 439-A--Revision, maintainability of--Simultaneous revision petitions against same order of Magistrate filed before Sessions Judge as well as the High Court and the Sessions Judge had already initiated proceedings under 5.439-A, Cr.P.C. before the matter was taken up by High Court--Revision proceedings before High Court, held, were barred under S.439(4)(b), Cr.P.C. and as such not maintainable.
1982 P C r. L J 604 ref.
Kazi Imdad Hussain for the State.
Sardar Muhammad Ishaque for Respondent.
These Suo Motu Revision proceedings arise out of the order passed by the learned XVI A.C.M. Karachi South dated 14-8-86 whereby he acquitted the respondent under Section 249-A Cr.P.C. Aggrieved by this order complainant Ghulam Shabbir moved applications to the learned Sessions Court as well as to High Court. It appears that the, learned Sessions Judge on the application of Ghulam Shabbir passed the following on 27-9-86.
"Treat this as Suo Motu; Criminal Revision. Issue notice to applicant, accused and State.
In the meantime the application moved by Ghulam Shabbir in the High Court was proceeded by the Registrar of the High Court under the orders of the Honourable Chief Justice and was put up before my learned brother Mr. Justice Abdul Qadeer Chaudhry.
Now the point arises whether two revision applications can lie against the same order. As pointed above the learned Sessions Judge has already initiated proceedings under Section 439-A, Cr.P.C. on A the date prior to the date when the Suo Motu Revision proceedings were initiated by the High Court and as such the proceedings before the High Court would be barred by section 439 (4) (b), Cr.P.C. Reliance is placed on 1982 P Cr. L J 604.
In these circumstances the' Suo Motu Revision; proceedings in this Court are disposed of as not maintainable. The R & P, of the case be returned to the learned Sess1obs 'Judge for proceeding with the Suo Motu Revision proceedings initiated by him.
S.G.D./S-84/K Order accordingly
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