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1989 PCRLJ 374

SHAH JAHAN ALAMGIR SHAHANSHAH, ADVOCATE vs Haji MUHAMMAD SHARIF

Petitioner: SHAH JAHAN ALAMGIR SHAHANSHAH, ADVOCATE VS Respondent: Haji MUHAMMAD SHARIF and others

Court: Sindh High Court Decision Date: 1988-09-18

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Ajmal Mian Title:SHAH JAHAN ALAMGIR SHAHANSHAH, ADVOCATE vs Haji MUHAMMAD SHARIF

and others Case No.: Criminal Miscellaneous Applicin ion No, 185 of 1988 Date of Judgment:1988-09-18 Reported As: 1989 P Cr. L J 374 Result: Application dismissed Judgment ORDER ' This is an application under sections 435 and 561-A, Cr.P.C. Directed against an order, dated 16-8- 1987 passed by the learned S.D.M., Landhi/Korangi, Karachi and order dated 30-5-1988 passed by the learned IIIrd Additional Sessions Judge, Karachi (East), in Criminal Revision No, 33 of 1987. 2. Apart from the fact that no second revision is competent, the factual. Aspect in the case is that both the Courts below after appraisal of the evidencer concluded that the applicant/complainant failed to make out a case. 3. The applicant present is in person, who in support of the above application has vehemently urged that even if second revision is not competent, this Court under section 561-A, Cr.P.C. Has inherent power to entertain the above application and to rectify the error committed by the two Courts below. In my view, the case had involved appraisal of the evidence and both the Courts below are competent to take view which found favor with them, which cannot be repaginated in the instant case and the provision of section 561-A, Cr.P.C. Cannot be pressed into service. The application is, therefore, dismissed.

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