Before Mahmood Khan, J.

AMEER BAKHSH and others¬

Criminal Revision No. 25, dated 14th February, 1950, decided on 7th May, 1950, against the order of Magistrate, Section 30, Rahimyar Khan.
Criminal Procedure Code (V of 1898), S. 439 (5)-Revisionary discretion may be exercised by High Court in exceptional cases even if no appeal preferred within time.
The law is well established that on reference under section 438, the High Court shall not disallow the hearing of the case merely on the ground of lapse of the limitation period fixed by law for the institution of an appeal, and may in exceptional cases on the presentation of a revision exercise its discretionary powers under section 439 in order to set aside serious miscarriage of justice, even though the aggrieved party had an opportunity of taking the matter to an Appellate Court and has not clone so. [p. 61].
33 I. C. 37 ; A. I. R. 1931 Lahore 145 ; A. I. R. 1925 Mad. 239 ref.