Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Penal Code (XLV of 1860)

Section: 337-A(3)/34

Law: Limitation Act, 1908

Section: 5

Criminal Procedure Code (V of 1898) S. 417 Penal Code (XLV of 1860); S.337 A(3)/34 Limitation Act (IX of 1908), S.5 Appeal against acquittal Limitation Appeal was barred by time to the extent of about one year Appeal filed mistakenly before the Court of Session was withdrawn after about nine months of its filing and was filed in the High Court after about one month from its withdrawal Application for certified copy of withdrawal order was filed by the appellant after 23 days from passing of withdrawal order and not on the same , day or on the next day and no explanation was given by the appellant as to why he delayed in obtaining certified copy Application filed by the appellant under S.5, Limitation Act, 1908 for of delay was dismissed being not maintainable and appeal against acquittal was dismissed being barred by time. Haji Muhammad Ashraf v. The State 1999 MLD 330 ref. Khalid Iqbal Memon for Appellant. Muhammad Ismail Bhutto for the State. ORDER This is an acquittal appeal filed by Illahi Bux against Wazir, Muhammad Qasim and Muhammad Hashim passed by Judicial Magistrate, Warrah in Criminal Case No. 106 of 1997, under sections 337 A(3) and 34, P.P.C. The office raised an. objection that criminal acquittal appeal is barred by time to at least a year. The contention of counsel for the appellant is that mistakenly appeal was preferred before the Court of A Session instead of this Court. The appeal before the Court of Session was filed on 27 11 2000 and it was withdrawn on 8 8 2001 by the appellant. Application for the…

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