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Petitioner: KHASTA KHAN And Others VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Mukhtar Ahmed Junejo, Muhammad Munir Khan Title: KHASTA KHAN And Others vs The STATE Case No.:Criminal Petition for Leave to Appeal No.70-K of 1994 Criminal
Miscellaneous No.440 of 1992 Date of Judgment:1997-04-02 Reported As: 1997 SCMR 364 Result: Leave refused Judgment ORDER MUHAMMAD MUNIR KHAN, J.---This petition arises from the facts that Khasta Khan and three others, the petitioners, filed Criminal Miscellaneous No.440 of 1992 in the High Court of Sind, Karachi for quashment of proceedings in case F.I.R. No.251/87 P.S. Saddar, Karachi under section 447/34, P.P.C. Pending in the Court of S.D.M./Assistant Commissioner, Saddar, Karachi. This application was dismissed by the High Court on 18-7-1994- for non-prosecution. The application filed by the petitioners for recalling the order of the dismissal of the Criminal Miscellaneous No. 440/1992 was dismissed by the High Court on 22-8-1994. Hence this petition. 2. Learned counsel for the petitioner has been heard. He has failed to justify his absence on the date of hearing before the High Court. The High Court order will show that none from the petitioners' side had entered appearance before the High Court in Criminal Miscellaneous No. 440/92 on three previous dates also. This being the position, we are convinced that there was no option for the High Court but to dismiss the application for non-prosecution. There is no legal bar for the dismissal of a Criminal Miscellaneous application for non prosecution. Leave to appeal is, therefore, refused, and the petition is dismissed.
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