1997 P Cr (PLP)
Mst. AZIZ FATIMA through ADVOCATE-GENERAL and another — Appellants Versus THE STATE — Respondent
| Citation | 1997 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Mst. AZIZ FATIMA through ADVOCATE-GENERAL and another — Appellants Versus THE STATE — Respondent |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1997 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 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: 1997 P Cr (PLP) (Mst. AZIZ FATIMA through ADVOCATE-GENERAL and another — Appellants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mst. AZIZ FATIMA through ADVOCATE-GENERAL and another---Appellants
- ----Ss. 417 & 492---Penal Code (XLV of 1860), S.302/34---Appeal against acquittal---Appeal had been filed by the Assistant Advocate-General on behalf of the Advocate-General---Assistant Advocate-General being not a Public Prosecutor within the meaning of S.492, Cr.P.C, appeal filed by him against acquittal of accused on behalf of State was incompetent---Appeal being inherently incompetent and misconceived, no relief could be granted to appellant---Appeal was dismissed accordingly.
- ---Ss 417 & 492---Appeal against acquittal---Maintainability---Assistant Advocate-General is not a Public Prosecutor within the meaning of S.492, Cr.P.C. and appeal against acquittal filed by him on behalf of State is incompetent.
- From the body of the memo. of appeal it transpires that this appeal was filed by Mr. Abdul Hakeem Bijrani, Assistant Advocate-General, Sindh, on behalf of Advocate-General. Their Lordships of the Supreme Court in the judgment reported in 1994, SCMR 749, have clearly led down that an Assistant Advocate-General is not a Public Prosecutor within the meaning of section 492, Cr.P.C. and any acquittal appeal filed by him on behalf of State is incompetent.
Headnotes / Summary
Ss. 417 & 492
Penal Code (XLV of 1860), S.302/34
Appeal had been filed by the Assistant Advocate-General on behalf of the Advocate-General
Assistant Advocate-General being not a Public Prosecutor within the meaning of S.492, Cr.P.C, appeal filed by him against acquittal of accused on behalf of State was incompetent
Appeal being inherently incompetent and misconceived, no relief could be granted to appellant
Appeal was dismissed accordingly.
Judgment & Decree
(b) Criminal Procedure Code (V of 1898)
Ss 417 & 492
Assistant Advocate-General is not a Public Prosecutor within the meaning of S.492, Cr.P.C. and appeal against acquittal filed by him on behalf of State is incompetent. 1984 SCMR 749 ref. M. Sarwar Khan, A.A.-G. alongwith Sardar M. Ishaque for Appellant. Muhammad Ilyas Khan for the State. Date of hearing: 27th July, 19974. This acquittal appeal under section 417, Cr.P.C. is directed against the judgment passed by learned IIIrd Additional Sessions Judge, Karachi, Central, dated 3-9-1992 acquitting both the respondents of a charge under sections 302, 34, P.P.C. arising out of F.I.R. No.108/90 registered at Police Station Jauharabad. From the body of the memo. of appeal it transpires that this appeal was filed by Mr. Abdul Hakeem Bijrani, Assistant Advocate-General, Sindh, on behalf of Advocate-General. Their Lordships of the Supreme Court in the judgment reported in 1994, SCMR 749, have clearly led down that an Assistant Advocate-General is not a Public Prosecutor within the meaning of section 492, Cr.P.C. and any acquittal appeal filed by him on behalf of State is incompetent. Mr. M. Sarwar Khan requests for short time to point out the irregularities or defects in the impugned judgment but we are of the view that any appeal which is inherently incompetent and misconceived no relief can be granted to the appellants. We have already taken this view in a number of acquittal appeals, therefore, this appeal stands dismissed as being no maintainable, incompetent and misconceived N.H.Q./A-1562/K Appeal dismissed