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Criminal Revision No. 412 of 1986, decided on 2nd December, 1986.
--Ss. 439 & 439-A--Revisional jurisdiction of High Court invoked under S.439, Cr.P.C. for getting orders of Trial Court set aside--Revision against orders of trial Magistrate was competent before Sessions Judge under S.439-A, Cr.P.C.--Petitioner advised to have sought his remedy before that Court in first instance.
Sardar Khalid Mahmood for Petitioner.
Akhtar Shabbir Asstt. A. G. for the State.
Raja Mahmood Akhtar for some of the accused.
It has been pointed out by the learned Assistant Advocate-General and also by the learned counsel for the accused-respondents that the present revision is directed against the judgment, dated 5-2-1986 passed by Mr. Muhammad Nawaz Sukhaira Magistrate 1st Class Kasur and as such it should have been filed under section 439-A, Cr.P.C. in the Sessions Court. The learned counsel for the petitioner on the other hand contends that no doubt the revision was competent before the Sessions Court but High Court has concurrent jurisdiction to hear revision against the impugned order passed by a Magistrate.
2. I have considered the above contentions on behalf of the parties. It is always desirable that the lowest Courts of competent jurisdiction should be approached by the respective parties to seek redress. The revision was competent against the impugned order before Sessions Judge Kasur and as such the petitioner should have sought remedy in that Court under section 439-A, Cr.P.C. against the impugned order. This petition is accordingly dismissed.
S.G.D. Petition dismissed.
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