1986 P Cr (PLP)
Ch. BARKAT ALI AKHTAR‑‑Appellant Versus Mien MUHAMMAD HANIF‑‑Respondent
| Citation | 1986 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | Ch. BARKAT ALI AKHTAR‑‑Appellant Versus Mien MUHAMMAD HANIF‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1986 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 P Cr (PLP) (Ch. BARKAT ALI AKHTAR‑‑Appellant Versus Mien MUHAMMAD HANIF‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Amjad Pervaiz for Appellant.
- Date of hearing: 15th February, 1986.
Headnotes / Summary
‑‑‑S. 161‑‑Prevention of Corruption Act (II of 1947), S .5(2)‑‑Criminal Procedure Code (V of 1898), S.417(2)‑‑Pakistan Criminal Law Amendment Act (XL of 1958), S.10 Acquittal--‑Appeal against‑‑Complainant filing appeal‑‑Private complainant, held, not authorised to file appeal against acquittal‑‑Private complainant could file petition for special leave to appeal under S.417(2), Cr.P.C.‑‑Appeal was, therefore dismissed in circumstances. Ch. Qamar Shams for the State.
Judgment & Decree
‑‑‑S. 161‑‑Prevention of Corruption Act (II of 1947), S .5(2)‑‑Criminal Procedure Code (V of 1898), S.417(2)‑‑Pakistan Criminal Law Amendment Act (XL of 1958), S.10 Acquittal--‑Appeal against‑‑Complainant filing appeal‑‑Private complainant, held, not authorised to file appeal against acquittal‑‑Private complainant could file petition for special leave to appeal under S.417(2), Cr.P.C.‑‑Appeal was, therefore dismissed in circumstances. Malik Amjad Pervaiz for Appellant. Ch. Qamar Shams for the State. Date of hearing: 15th February, 1986. This Criminal Appeal against acquittal by Chaudhry Barkat Ali complainant arises from the judgment of learned Senior Special Judge, Anti‑Corruption, Lahore Camp at Gujrat, whereby he on 7‑2‑1983 acquitted Mian Muhammad Hanif, Overseer respondent, in complaint under section 220/406/ 165/161/162, P.P.C. filed by the petitioner.
2. Since after hearing the learned counsel, I feel that this appeal does not lie therefore, I need not set out the facts in detail and enter into the merits of the case. I find that instead of filing this appeal against acquittal, Barkat Ali Akhtar complainant should have filed petition for Special Leave to Appeal under section 417(2), Cr.P.C. Section 10 of the Criminal Amendment Act, 1958 determines forum for appeal from the order of the Special Judge Anti‑Corruption it does not authorise a private complainant to file appeal against acquittal. Assuming that private complainant could file appeal against acquittal under section 10 of the Criminal Law Amendment Act, 1958, this appeal would still be not maintainable on the ground of limitation. The impugned order was passed on 7‑2‑1983. The present appeal has been filed on 4‑10‑1984 which is hopelessly time‑barred inasmuch as the period of filing appeal against acquittal is six months. It may be noted that the appellant has not even attached with the appeal certified copy of the judgment.
3. For what has been said above, the appeal is dismissed. S.A. Appeal dismissed.