Revisional court said order attained finality and could not be assailed in writ jurisdiction

Firstly, I will take up the legal objection with regard to maintainability of writ petition against an order passed on a criminal revision. In the case of “BADARUDDIN Versus Mehr AHMAD RAZA, ADDITIONAL SESSIONS JUDGE, JHANG and 6 others” (PLD 1993 Supreme Court 399) the Hon’ble Supreme Court of Pakistan has held that after the decision by a revisional court said order attained finality and could not be assailed in writ jurisdiction. The relevant portion of the judgment is reproduced hereunder: -

are wider in scope than powers in the writ jurisdiction. By amendment in the law now Sessions Court and High Court have concurrent revisional jurisdiction which is allowed in the normal course to be exercised first by lower forum but that does not decrease the scope of jurisdiction as mentioned above. In such circumstances, it is said that if there is finding by the Court of competent jurisdiction on the revisional side then it has attained finality. On the same question writ petition would be nonmaintainable because otherwise it would amount to allowing question finally decided in one set of forums to be agitated afresh in another set of forums and that way there will be no end to the finality.”

Used in Judgement of
Lahore High court
Criminal Proceedings
206739/18
2018 LHC 1676

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