1993 P Cr (PLP)

Representation

• ----S. 417(1)---Appeal against acquittal-Assistant Advocate-General who had filed acquittal appeal was not nominated as a Public Prosecutor by the Provincial Government to file the same, nor he was directed by any Public Prosecutor to do so---Appeal, thus, having not been filed by a competent person was not maintainable and was dismissed as such accordingly.
• Syed Ali Ahmed Tariq for Respondents.
• In the aforesaid 18 acquittal appeals Mr. Syed Ali Ahmed Tariq is appearing for the respondents and Mr. Dhani Bux Dayo, Advocate is appearing for AA.-G. for the State. As a common point is involved in all these acquittal appeals, therefore, the same are taken up together and are being disposed of by this consolidated judgment
• I have heard Mr. Dhani Bux Dayo, Advocate for AA.-G. for State and Mr. Syed Ali Ahmed Tariq, Advocate for respondents in all these matters.
• The common point involved in all these appeals is to the effect that the same have been filed by Mr. Abdul Ghafoor Mangi who was an Assistant Advocate-General, Sindh at the relevant time and therefore, he was not authorised by the Provincial Government nor nominated as a Public Prosecutor within the meaning of section 417, Cr.P.C.
• Both the learned counsel have relied on the Divisional Bench decision of this Court in the case of the State v. Muhammad Naseem Baig reported in 1989 P Cr. L J 1842 and an unreported case being Criminal Acquittal Appeal No.66 of 1992 wherein it was observed that an acquittal appeal filed under the signature of an Assistant Advocate-General who is not nominated as a Public Prosecutor, appeals filed by such a person would not be maintainable.
• In the aforesaid cases the position is the same. All these appeals have been filed by Mr. Abdul Ghafoor Mange who was an Assistant Advocate General at the relevant time and he was not nominated as a Public Prosecutor. It may be mentioned that an appeal against acquittal of an accused from an original or an appellate order can be preferred under subsection (10) of section 417, Cr.P.C. provided that the Provincial Government directs the Public Prosecutor to present such an appeal to the High Court. In these appeals the Provincial Government has not nominated Mr. Abdul Ghafoor Mangi as a Public Prosecutor to prefer these appeals nor he was directed by any Public Prosecutor to file the same. Even now nothing has been brought on the record to show that Mr. Abdul Ghafoor Mangi was nominated as a Public Prosecutor. It would thus appear that the present appeals have not been filed by a person who is competent to present the same and are thus not maintainable.

Headnotes / Summary

Judgment & Decree