1984 PLP 1045 (SCMR)
STATE-Petitioner Versus MUHAMMAD YAQUB KHAN-Respondent
| Citation | 1984 PLP 1045 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | STATE-Petitioner Versus MUHAMMAD YAQUB KHAN-Respondent |
Q1: What are the key laws and sections cited in 1984 PLP 1045 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 PLP 1045 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 PLP 1045 (SCMR) (STATE-Petitioner Versus MUHAMMAD YAQUB KHAN-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Bashirullah, A. A.-G., N.-W. F. P. with . M. Qasim Imam, Advocate-on-Record for Petitioner.
- Ch. Akhtar Ali, Advocate-on-Record (absent) for Respondent.
- Date of hearing : 2nd May, 1984.
- Bashirullah, A. A.‑G., N.‑W. F. P. with . M. Qasim Imam, Advocate-on‑Record for Petitioner.
- Ch. Akhtar Ali, Advocate‑on‑Record (absent) for Respondent.
- 2. The learned Assistant Advocate‑General has, however, conceded before us that this petition for leave to appeal against the acquittal of the respondent is barred by limitation by 15 days and that the delay was caused by mistake on the part of the State. As such there is no ground for condonation of the delay specially in a case where the respondent ha acquired a valuable right to liberty. Even otherwise after having gone through the impugned judgment we do not consider it fit case for inter ference on merits by way of granting leave. The petition is, therefore, dismissed.
Headnotes / Summary
(Against the judgment of the Peshawar High Court, Peshawar, dated 29th May, 1982, passed in Criminal Apeal No. 37 of 1982). Constitution of Pakistan (1973) -- Art. 185(3)-N.-W. F. P. Hazara Forest Act, 1936, S. 9- Petition for leave to appeal against acquittal barred by limitation by 15 days-No ground for condonation of delay pleaded-Case, even on merits, not considered fit for interference - Leave to appeal refused.
Judgment & Decree
Constitution of Pakistan (1973) ‑‑ Art. 185(3)‑N.‑W. F. P. Hazara Forest Act, 1936, S. 9‑ Petition for leave to appeal against acquittal barred by limitation by 15 days‑No ground for condonation of delay pleaded‑Case, even on merits, not considered fit for interference ‑ Leave to appeal refused. Bashirullah, A. A.‑G., N.‑W. F. P. with . M. Qasim Imam, Advocate-on‑Record for Petitioner. Ch. Akhtar Ali, Advocate‑on‑Record (absent) for Respondent. Date of hearing : 2nd May, 1984. ASLAM RIAZ HUSSAIN, J.‑This petition by the State is directed against the judgment of the Peshawar High Court, dated 29‑5‑1982, acquitting Muhammad Yar Khan respondent of an offence under section 9 of the N.‑W. F. P. Hazara Forest Act, 1936 setting aside his conviction by the learned trial Magistrate.
2. The learned Assistant Advocate‑General has, however, conceded before us that this petition for leave to appeal against the acquittal of the respondent is barred by limitation by 15 days and that the delay was caused by mistake on the part of the State. As such there is no ground for condonation of the delay specially in a case where the respondent ha acquired a valuable right to liberty. Even otherwise after having gone through the impugned judgment we do not consider it fit case for inter ference on merits by way of granting leave. The petition is, therefore, dismissed. S. Q. Petition dismissed.