1991 P Cr (PLP)
Mst. BASHIRAN — Appellant' Versus MUHAMMAD ABBAS and others — Respondents
| Citation | 1991 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. BASHIRAN — Appellant' Versus MUHAMMAD ABBAS and others — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Appeal (criminal) |
Q1: What are the key laws and sections cited in 1991 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Appeal (criminal) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 P Cr (PLP) (Mst. BASHIRAN — Appellant' Versus MUHAMMAD ABBAS and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Inayat Ullah Cheema for Respondents.
Headnotes / Summary
Appeal could not be dismissed for non-prosecution.
Ss. 203 & 417
Penal Code (XLV of 1860), S.307/148/149
Petition for Special Leave to Appeal against dismissal of complaint
Order of dismissal of complaint under S.203, Cr.P.C. being not an order of acquittal of charge no petition for special leave to appeal or appeal thus lay against such order.
Judgment & Decree
Case called. Neither the appellant nor her learned counsel has appeared. Since the appeal cannot be dismissed for non-prosecution, so I have examined the case with the assistance of the learned counsel for the respondents.
2. The facts leading to this appeal, briefly, are that Mst. Bashiran petitioner filed a complaint under section 307/148/149, P.P.C. against Muhammad Abbas and four others respondents Nos.1 to 5, in the Court of Magistrate Section 30, Sargodha. After making preliminary inquiry, the learned Judicial Magistrate dismissed the complaint under section 203, Cr.P.C. Feeling aggrieved thereby, Mst. Bashiran filed petition for special leave to appeal under section 417, Cr.P.C. The leave was granted and the petition was converted into the present appeal.
3. The learned counsel for the respondents contended that no appeal lies against the impugned order whereby the complaint of the appellant was dismissed under section 203, Cr.P.C. inasmuch as this order does not amount to an order of acquittal of the charge.
4. I feel persuaded to agree with him. There can be no two opinions that the order of the dismissal of complaint under section 203, Cr.P.C. is not an order of acquittal of charge and, as such, no petition for special leave to appeal or appeal lies against this order. The present appeal is dismissed as being misconceived. M.A.K./B-266/L Appeal dismissed.