2007 PLP 1017 (SCMR)
THE STATE through Advocate-General, Sindh — Petitioner Versus ZAHID ALI — Respondent
| Citation | 2007 PLP 1017 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas and Abdul Hameed Dogar, JJ |
| Parties | THE STATE through Advocate-General, Sindh — Petitioner Versus ZAHID ALI — Respondent |
| Primary Law | (b) Constitution of Pakistan (1973), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1017 (SCMR)?
This judgment primarily cites: (b) Constitution of Pakistan (1973), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1017 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas and Abdul Hameed Dogar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1017 (SCMR) (THE STATE through Advocate-General, Sindh — Petitioner Versus ZAHID ALI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Dr. Qazi Khalid Ali, Additional Advocate-General, Sindh for Petitioner.
- Nemo for Respondents.
- THE STATE through Advocate-General, Sindh----Petitioner
Headnotes / Summary
Ss. 439 & 417
Constitution of Pakistan (1973), Art.185(3)
Criminal revision petitions against acquittal were dismissed by the High Court, as being incompetent
Contention of the petitioner/State was that even though criminal revision petitions against the order of acquittal recorded by a competent Court may not be competent, in all fairness, High Court ought to have converted the petitions as memos of appeals against acquittal in terms of S.417, Cr.P.C., as both the criminal petitions were erroneously filed within time allowed for filing of appeal against acquittal
View taken by the High Court, on the face of record, appeared to be hyper-technical and the Court was supposed to be aware of the provisions of law applicable in a case, no party could be non-suited merely because a wrong provision of law had been cited at the Bar
Supreme Court, in circumstances, granted leave to appeal against the impugned order of the High Court.
Art. 185(3)
View taken by the High Court, on the face of record, appeared to be hyper-technical and the Court was supposed to be aware of the provisions of law applicable in a case, no party could be non-suited merely because a wrong provision of law had been cited at the Bar
Supreme Court, in circumstances, granted leave to appeal against the impugned order of the High Court.
Judgment & Decree
RANA BHAGWANDAS, J.
Both the petitions on behalf of the State are directed against common judgment of the Sindh High Court, Larkana Circuit Bench, dated 11-1-2007, whereby two criminal revision petitions filed by State against the orders of acquittal dated 7-10-2004 and 30-10-2004 were dismissed, as being incompetent ?
2. It is, inter alia, urged that even though criminal revision petitions against the orders of acquittal recorded by a competent Court of law may not be competent, in all fairness, High Court ought to have converted these petitions as memos of appeals against acquittal in terms of section 417, Cr.P.C., as both the criminal petitions were erroneously filed within time allowed for filing of appeal against acquittal.
3. Since the view taken by the High Court; on the face of record, appears to be hyper-technical and the Court is supposed to be aware of the provisions of law applicable in a case, no party can be non-suited merely because a wrong provision of law has been cited at the Bar. We, therefore, grant leave to appeal against the impugned orders. As a short point is involved in both the appeals, these may be listed for hearing within six months. Let bailable warrants be issued against the respondents in the sum of Rs.1,00,000 each returnable to the Officer Incharge of Karachi Branch Registry of this Court. M.B.A./S-17/SC????????????????????????????????????????????????????????????????????????????????? Leave granted.