Hajra Javaid Makhdoom vs Muhammad Tehmas Nasir Ss — 2024 PCrLJ 1081 LAHORE-HIGH-COURT-LAHORE

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Hajra Javaid Makhdoom VS Muhammad Tehmas Nasir Ss. 249-a , 417(2), 439 & 439-a---Muslim Family Laws Ordinance (VIII of 1961), S.6(5)---Contracting second marriage without permission of first wife---Order of acquittal, assailing of---Remedy---Criminal revision not maintainable---In complaint proceedings, an application under S.249-a of the Criminal Procedure Code, 1898 (Cr.P.C), filed by the respondent was allowed on the assertion that he had already divorced the complainant---Complainant filed a criminal revision under S.439-a, Cr.P.C., before the Court of Session, which was dismissed---Petitioner/complainant filed constitutional petition against both the said orders ---Question was whether the order of acquittal under S.249-a, Cr.P.C., was amenable to criminal revision or the same was assailable before the High Court through a petition for special leave to appeal as provided under S.417(2), Cr.P.C.---Held that while providing appeal in case of acquittal under S.417 of Cr.P.C., S.417(2), Cr.P.C., stipulates that “If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court”---Likewise by virtue of S.439(5), Cr.P.C., there is bar on the revisional jurisdiction of the court in cases where remedy of appeal is provided under the Cr. P.C.---Thus ,acquittal order passed under S.249-a, Cr.P.C., is not amenable to revisional jurisdiction as enshrined in S.439-a, Cr.P.C---Criminal revision before the Court of Sessions was not competent, because, an order of acquittal can only be assailed by way of remedy provided under S.417(2), Cr.P.C., and not otherwise---No illegality or perversity was noticed in the impugned order passed by the Sessions Court, dismissing the criminal revision filed by the complainant---Constitutional petition was dismissed in limine, in circumstances. Citation Name: 2024 PCrLJ 1081 LAHORE-HIGH-COURT-LAHORE Hajra Javaid Makhdoom VS Muhammad Tehmas Nasir Ss. 249-a , 417, 418, 439 & 439-a---Order of acquittal, assailing of---Remedy---Criminal revision not maintainable---appeal is filed on question of law and facts in the light of S.418, Cr.P.C., whereas in criminal revision only correctness, legality and propriety of any finding, sentence or order is to be seen---Criminal revision is not competent against the order of acquittal, because, it is prohibited according to S.439(4)(a) Cr.P.C. Citation Name: 2024 PCrLJ 1081 LAHORE-HIGH-COURT-LAHORE Hajra Javaid Makhdoom VS Muhammad Tehmas Nasir Ss.249-a & 417(2)---Constitution of Pakistan, art. 199---Order of acquittal, assailing of---Constitutional petition---Maintainability---When the statute has provided a specific alternate remedy of appeal against acquittal under S.417(2) of the Criminal Procedure Code , 1898, then a constitutional petition under art. 199 of the Constitution is not competent against the order of acquittal under S.249-a, of the Criminal Procedure Code, 1898.

Hajra Javaid Makhdoom vs Muhammad Tehmas Nasir Ss — 2024 PCrLJ 1081 LAHORE-HIGH-COURT-LAHORE

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