Law:

Section:

Criminal Procedure Code (V of 1898)-------Ss. 417(2) & 492---Central Law Officers Ordinance (VII of 1970), S.4-A [as inserted by. Central Law Officers (Amendment) Act [(XVII of 1985)]---Pakistan Criminal Law Amendment Act (XL of 1958), S.10(ii)---Penal Code (XLV of 1860), Ss.409/420/468/471---Appeal against acquittal---Appeal was filed by a private counsel and was not presented by Public Prosecutor within the meaning of S.492, Cr.P.C.--­Additional Attorney General, Deputy Attorney General and Standing Counsel, who also had been notified to be the Public Prosecutor, had the authority to institute, file and conduct any proceedings on behalf of Federal Government under provisions of S.4-A of Central Law Officers Ordinance, 1970---Appeal against acquittal having not arisen the of Special Judge Anti-Corruption (Central), but had come out of of Special Judge Anti-Corruption, Punjab, only Public Prosecutor was competent to institute, file and conduct proceedings including appeal and revision on behalf, of Provincial Government in view of relevant provisions of subsection (ii) of S.10 of Pakistan Criminal Law Amendment Act, 1958---Appeal against acquittal having not been signed by any of Public Prosecutors, but having been signed by private counsel, who was not competent to file said appeal, appeal stood dismissed being not maintainable. 1998 PCr.LJ 1503 and 1989 PCr.LJ 1842 ref. JUDGMENT Through this appeal filed under section 417(2), Cr.P.C. the appellant has called in question the legality of the impugned judgment, dated 13-3-1995 passed by the learned Special Judge, Anti Corruption, Dera Ghazi Khan whereby .the accused/respondents No. 1 to 3 were acquitted by giving them benefit of doubt. 2. Facts of the prosecution case in nutshell are that a case F.I.R. No.173/93, dated 24-8-1992 was registered under sections 409/420/468/471, P.P.C. at Police Station, Civil Line, Dera Ghazi Khan against the accused respondents Nos.1 to 3 at the instance of Ashiq Hussain complainant. The accused respondents were arrested and after due investigation they were challaned. 3. At the trial the learned lower Court framed charge under sections 409/420/468/471, P.P.C. to which the…

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