Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 417---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Limitation Act (IX of 1908), S.5---Cheating; forgery for purpose of cheating; and using as genuine a forged document---Appeal against acquittal---Delayed sanction---Condonation of delay---Plea raised by authorities that delay had been caused due to lengthy procedure of sanction from concerned quarters---Validity---Provision contained in special law prevailed upon provision contained in general law---Criminal Procedure Code, 1898, having been provided limitation, provisions of Limitation Act, 1908, could not be invoked---Appeal filed after expiry of 30 days was barred by time and there was no justification that leniency should be shown in case of appeal filed by State---Court of law could not adopt a different yardstick for the State, in case of limitation---Appeal was time barred and no justification was shown by the State for condonation of delay---Double presumption of innocence was attached to order of acquittal passed by a Court of competent jurisdiction and in extraordinary cases, where was found to be perverse, shocking or suffering from error of jurisdiction, Appellate Court could interfere---Appeal was dismissed in circumstances. ORDER MALIK MANZOOR HUSSAIN, J.---This appeal has been filed by the State through Advocate-General under section 417, Cr.P.C. against the judgment dated 10-12-2012 passed by the learned Judicial Magistrate, Takht Bhai, Mardan, whereby the respondent has been acquitted of the charges levelled against him under sections 420/468/471, P.P.C., registered under F.I.R. No.699 dated 18-11-2011. 2. At the very outset, a query was made by the Court from the learned A.A.-G. appearing on behalf of State/appellant that whether the instant appeal has been filed within time prescribed under law. It was contended by him that the same could not be filed within time because of lengthy procedure of sanction from the concerned quarters and prayed for condonation of delay on this ground. 3. Perusal of record reveals that the impugned judgment was passed on 10-12-2012. As per record…

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