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Petitioner: MUHAMMAD ALI and others VS Respondent: THE STATE and others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Abdul Qadir Sheikh Title: MUHAMMAD ALI and others vs THE STATE and others Case No.: Criminal Petition No,97-R of 1989 Date of Judgment:1989-07-05 Reported As: 1990 SCMR 582 Result: Petition dismissed
Judgment ORDER GHULAM MUJADDID, J.--Muhammad Ali, Nasir Ali and Nadir Ali filed a petition under section 561-A, Cr.P.C. In the Lahore High Court, Rawalpindi Bench, Rawalpindi, for quashment of proceedings in criminal case "State v. Muhammad Ali and two others" under section 325/34, P.P.C. The learned Judge of the High Court disposed of the petition by order dated 18-4-1989 observing thereby, "The upshot of the above discussion is that it is not a fit case in which whole of the criminal proceedings be quashed, but while accepting this petition partly, I remand the case to the trial Court with the direction that the charge against petitioners 2 and 3 be framed afresh and thereafter he should proceed in accordance with law". ' The petitioners are not satisfied with this order. They now seek leave to appeal against the aforesaid order. We have heard learned counsel appearing in support of this petition. There is nothing wrong with the impugned judgment. The case has been remanded to the trial Court with a direction to proceed with the matter in accordance with law. ' No case is made out for leave to appeal. Dismissed.