Law: Criminal Procedure Code (V of 1898)

Section: 249A,417(2A),493

Criminal Procedure Code (V of 1898)--- ----Ss. 249-A, 417(2A) & 493---Appeal against acquittal---Power of Magistrate to acquit accused at any stage---Public Prosecutor to conduct prosecution---Delay in filing appeal against acquittal by Trial Court---Condonation of delay---Hearing on application under S. 249-A, Cr.P.C. without notice to complainant---Effect---Appellant assailed of Trial Court whereby it acquitted respondents while allowing application under S. 249-A, Cr.P.C.---Appeal against acquittal was barred by time and appellant sought condonation of delay on the sole ground that no notice to the appellant or his witnesses was served and as such he remained unaware of passing of impugned ---Validity---Trial Court, after hearing Public Prosecutor as well as counsel for accused, had pronounced the , hence the procedure prescribed under S. 249-A, Cr.P.C. was duly complied with---Under S. 493, Cr.P.C., it was only Public Prosecutor who had to conduct the prosecution and if there was any private counsel, engaged by the complainant, he was required to act under the instructions of the Public Prosecutor---Stance of the appellant that he should have been given notice was of no legal value---No reason, cause or justification to condone the delay was made out---Appeal, being barred by time, was dismissed. THIS ORDER PASSED BY: MUHAMMAD TARIQ ABBASI, J.--- Although, in the instant appeal, filed in terms of section 417(2A), Cr.P.C., against acquittal of Mirza Zafar Javed, Mirza Waqas and Mirza Muhammad Bilal (hereinafter referred to as the respondents), through judgment dated 26.09.2018, delivered by Sumaira Alamgir, learned Judicial Magistrate 1st Class, Rawalpindi, respondents Nos. 2 and 3 have been summoned, but it has been observed that the appeal is time barred and for condonation of delay, an application bearing No. 01-M/2018, has also been preferred. Therefore firstly, it would be seen whether the delay in filing the appeal, requires condonation or otherwise. 2. The judgment in question was passed on 26.09.2018, whereby in an application under section 249-A, Cr.P.C., moved by the respondents, the learned A.D.P.P. as well as counsel for the respondents were…

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