Law:

Section:

(a) Pakistan Criminal Law Amendment Act (XL of 1958)--- ----S. 10(2)---Order passed by Special Judge---Appeal/revision against such order filed before the High Court---Person competent to file such appeal---Scope---Section 10(1) of Pakistan Criminal Law Amendment Act, 1958, provided that the forum for filing an appeal from the of a Special Judge was the High Court and the same court had also been given powers of revision---Any aggrieved person, whether it be Federal or the Provincial Government or an accused or a complainant, could approach the High Court in appeal against either an order of conviction or acquittal or for that matter for the purpose of enhancement of a sentence passed by any Special Judge appointed under Pakistan Criminal Law Amendment Act, 1958. Habib Bank Ltd. v. The State and 6 others 1993 SCMR 1853; Abdul Hafeez v. The State PLD 1981 SC 352 and State v. Qaim Ali Shah 1992 SCMR 2192 ref. (b) Pakistan Criminal Law Amendment Act (XL of 1958)--- ----S. 10(2)---Criminal Procedure Code (V of 1898), S.417(2-A)---Prevention of Corruption Act (II of 1947), S.5(2)---Order of acquittal passed by Special Judge, Anti-Corruption---Appeal against such acquittal filed before the High Court---Person competent to file such appeal---Scope--- Special Judge, Anti-Corruption acquitted the accused person from charges under S.5(2) of the Prevention of Corruption Act, 1947---Complainant filed appeal against such acquittal before the High Court under S.417(2-A), Cr.P.C. which was dismissed on the ground that such right of appeal was only confined to the Federal Government under S.10(2) of Pakistan Criminal Law Amendment Act, 1958, and the same could not be arrogated to the complainant on the strength of S.417(2-A), Cr.P.C.---Legality---Any aggrieved person, including a complainant, could approach the High Court in appeal against an order of acquittal passed by any Special Judge appointed under the Pakistan Criminal Law Amendment Act, 1958---Appeal was allowed accordingly and Supreme Court directed that appeal against acquittal filed by complainant before the High Court shall be treated as pending and should be disposed of at the earliest convenience. JUDGMENT SARMAD…

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