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Petitioner: EHSAN AHMED and anothers VS Respondent: THE STATE and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Wali Muhammad Khan Title: EHSAN AHMED and anothers vs THE STATE and another Case No.:Civil Petitions Nos. 294 and 295 of 1992 W.P. No, 1003 of 1991 and W.P. No,87
of 1991 Date of Judgment:1992-10-07 Reported As: 1994 SCMR 1962 Result: Leave refused Judgment ORDER ' MUHAMMAD AFLAL ZULLAH, CI-Leave to appeal has been sought by the accused in a criminal case against the dismissal by the High Court of their Writ Petitions. ' The point raised is very simple; namely, that a Sessions Court, as asserted, has no power under section 439-A of the Criminal Procedure Code as a revisional Court to set aside a conviction and remand the case for re-trial. When it was pointed out to the learned counsel that the question raised by him already stands resolved by this Court in Abdul Rehman Bajwa v. Sultan and 9 others (PLD 1981 SC 522) and the verdict therein goes against the petitioners; learned counsel frankly stated that he had filed this petition only hesitatingly on the insistence of the petitioners; otherwise he was doubtful about the proposition canvassed therein. Thus he could not press the petitions any further. Accordingly, leave to appeal is refused.