Law: Criminal Procedure Code (V of 1898)

Section: 200,417(2)(3)

Law: Limitation Act, 1908

Section: 5,29

Law: Pakistan Penal Code, 1860

Section: 148,149,302

Criminal Procedure Code (V of 1898)--- ----Ss. 200 & 417(2)(3)---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Limitation Act (IX of 1908), Ss.5 & 29---Qatl-i-amd and rioting armed with deadly weapons---Appeal against acquittal---Private complainant---Condonation of delay---Complainant filed private complaint against accused persons but they were acquitted by Trial Court---Criminal petition for special leave to appeal was filed by complainant beyond period of limitation---Complainant sought condonation of delay on the ground that there was delay in providing of certified copy of and due to winter vacations the appeal was filed after vacations---Validity---Provisions of S. 417(2)(3), Cr.P.C. were applicable to the case of complainant for which stipulated period of limitation was sixty days for filing of criminal petition for special leave to appeal---Judgment was passed on 18-10-2011 according to which sixty days lapsed on 16-12-2011, as envisaged under S. 417(3), Cr.P.C. but criminal petition for special leave to appeal was filed on 13-1-2012---Winter vacations of High Court for the year, 2011 began on 25-12-2011 and first regular working day of High Court was 8-1-2012---Nothing was available on record to substantiate the plea of complainant regarding delay in supply of certified copy of ---No allegation was levelled against acquitted accused to the effect that they created a hurdle or threatened complainant not to file criminal petition for special leave to appeal due to which the petition could not be filed within the prescribed period of sixty days---High Court declined to condone the delay caused in filing of criminal petition for special leave to appeal---Appeal was dismissed in circumstances. Muhammad Sharif and others v. The State and others 2005 MLD 1333; Qamar uz Zaman and another v. Haji Allah Bakhsh and another 2012 SCMR 1281; The State v. Syed Ali Baqar Naqvi and others 2014 SCMR 671 and Fakhar-ud-Din v. Fazal Karim and others 1999 SCMR 795 rel. THIS ORDER PASSED BY: ERUM SAJAD GULL, JUSTICE:---.--- Crl. Misc. No. 761-M of 2015 along with Crl. P.S.L.A. No. 59 of 2015 This is an application under section 5 of the Limitation Act (IX of…

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