2011 P Cr (PLP)
ABDUL GHAFFAR — Appellant Versus MUHAMMAD ASIF and another — Respondents
| Citation | 2011 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ABDUL GHAFFAR — Appellant Versus MUHAMMAD ASIF and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 P Cr (PLP) (ABDUL GHAFFAR — Appellant Versus MUHAMMAD ASIF and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rashged Ahmed Qureshi for Petitioner.
- Syed Madad Ali Shah for Respondents.
Headnotes / Summary
S. 417(2)(a)
Appeal was resisted on the ground that time for filing an acquittal appeal as provided under S.417(2)(a), Cr.P.C. being 30 days, appeal filed beyond 14 days from said prescribed period was barred by time, for which neither any application for condonation of delay had been filed nor any explanation in the memo of appeal had been given
Contention of appellant was that time for filing acquittal appeal was 60 days under Art.155 of the Limitation Act, 1908
In law, the provisions of Limitation Act, 1908 would only be invoked, if the special statute had not provided limitation
When Criminal Procedure Code, 1898 had provided limitation, then the provisions of Limitation Act, 1908 could not be invoked
Appeal filed after expiry of period of 30 days prescribed under Criminal Procedure Code, 1898 being barred, was dismissed, in circumstances.
Judgment & Decree
AMIR HANI MUSLIM, J.
The learned counsel for the private respondents states that the time for filing an acquittal appeal as provided under section 417(2)(a), Cr.P.C. is 30 days and the present appeal has been filed on 5-10-2009 against the order which was passed on 17-8-2009. According to learned Counsel for the private respondents, the appeal is barred by 14 days for which neither any application for condonation has been filed nor any explanation in the memo of appeal has been given. As against this, learned counsel for the appellant states that the time for filing acquittal appeal by the complainant is 60 days and he has read Article 155 of the Limitation Act, which provides 60 days. In law, the provisions of Limitation Act would only be invoked if the special statute does not provide Limitation in it. If the Criminal Procedure Code provides limitation, then the provisions of Limitation Act could not be invoked. Learned counsel for the appellant could not persuade me from any provision of law that the limitation for filing of an acquittal appeal is beyond 30 days. This appeal is barred by limitation and is accordingly dismissed in limine. H.B.T./A-137/K Appeal dismissed.