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Criminal Revision No. 188 of 1983, decided on 4th October,1983.
‑‑‑S. 494/439‑‑Revision arising from refusal of District Magistrate to withdraw case against accused‑‑Application for withdrawal filed with District Magistrate, held, not filed competently‑‑Such application should have been filed with Public Prosecutor to be dealt with in accordance with law‑‑Revision dismissed in limine.
Ijaz Muhammad Bhatti for Appellant.
This is a revision against the refusal of 'The learned District Magistrate to withdraw the case against respondents Nos.2 to 8. It is argued that the learned District Magistrate passed an order on the note put up by the Superintendent of Police whereas an order should have been passed on the recommendation of the Public Prosecutor.
2. The complainant filed this application. It was addressed to the learned District Magistrate who forwarded it for comments and on receipt of it he agreed with the note of the Superintendent of Police. The application for withdrawal was not competently filed. According to the provisions contained in section 494 Cr.P.C. It should have been filed with the Public Prosecutor to be dealt with according to law. This can be done now. This revision petition has no force. It is dismissed in limine.
M.Y.H./3187/L Petition dismissed.
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