MUHAMMAD ASHFAQ vs THE STATE — 1965 PLD 496

Citation: 1965 PLD 496

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD ASHFAQ vs THE STATE

Headnotes

Case cited as PLD 1965 SC 496

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Muhammad Haleem Title: MUHAMMAD ASHFAQ vs THE STATE Case No.:Criminal Appeals Nos. 154, 255, 360 and 361 of 1966 and 380 of 1967 Criminal Appeal No. 154 of 1966 Date of Judgment:- Reported As: 1970 P Cr. L J 526 Result: Order accordingly Judgment ORDER QADEERUDDIN AHMED, J.-The above-mentioned five appeals were heard and decided by a Single Bench of this Court, whereas in accordance with sub-rule (19) of rule I of Chapter 111-B of Volume V of the High Court Rules, they were required to be "ordinarily" heard and disposed of by a Division Bench of this Court. After the decision, the parties applied to the Supreme Court for leave to appeal, which applications were rejected. 2. The error was not noticed for a long time, and now they have been placed before this Bench for considering whether the appeals should be heard over again or not. 3. Our first reaction is that the judgments having been examined by the Supreme Court, it will not be proper for this Court to express any view which may directly or indirectly amount to reviewing that position. We feel fortified in taking this attitude by the law that after a High Court has examined the judgment of a lower Court, the judgment of the latter Court becomes merged in the judgment of the High Court in the sense that the judgment of the lower Court ceases to be open to review by that Court. The Additional Advocate-General nas drawn our attention in this respect to the…

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