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Petitioner: AKBAR ALI VS Respondent: Qazi JAVED AHMAD And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Aslam Riaz Hussain Title: AKBAR ALI vs Qazi JAVED AHMAD And Other Case No.:Civil Petition for Special Leave to Appeal No, 485 of 1879 Writ Petition No.
1494 of 1979 Date of Judgment:1986-03-08 Reported As: 1986 SCMR 2018 Result: Leave granted Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.--This matter is an off-shoot of a murder case in which ultimately leave to appeal against acquittal(Criminal Petition No. 263 of 1979) having been granted, the appeal is now pending before this Court. There was a separate case under the Arms Act against the respondent in the aforesaid appeal. He was acquitted under 249-A, Cr.P.C. By the learned Magistrate on the basis of a finding by the Sessions Judge in the other case. The petitioner (complainant) herein filed a revision before the Sessions Judge. It was dismissed on the ground that the revision in State cases could not be filed by a private complainant. The High Court, however, took the view that the revision was competent and further that the learned Magistrate could not take into account the findings of the Sessions Judge in the murder case in so far as the Arms Act case was concerned. However, as the matter was agitated in writ jurisdiction of the High Court, it was dismissed on the ground that the order under 249-A, Cr.P.C. Could be passed by the trial Court as the prosecution had failed to produce evidence. The case is one of general impression. We accordingly grant leave to appeal and direct that the appeal arising out of this petition shall be heard with the appeal arising out of Criminal Petition No. 263 of 1979, on the present record with liberty to the parties to file additional documents, if necessary.