Law: Criminal Procedure Code (V of 1898)

Section: 417(2)(3)

Law: Pakistan Penal Code, 1860

Section: 354A,376,376A,377,377B

Law: Contract, Act, 1872

Section: 25

Law: Limitation Act, 1908

Section: 5,157

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 417(2)(3)--Limitation Act, 1908, S. 5, Art. 157--Acquittal orders by Magistrate--Application for grant of special leave to appeal with application for condonation of delay--Criminal administration of justice--Maintainability--Section 417(2) of Code of Criminal Procedure, 1898 provides for filing of such applications seeking grant of special leave to appeal whereas section 417 (3) provides for time before expiry of which such application for grant of special leave to appeal from order of acquittal can be entertained by High Court--According to established principle of criminal administration of justice once an acquittal is recorded in favour of accused facing criminal charge he enjoys double presumption of innocence, therefore, Courts competent to interfere in acquittal order should be slow in converting same into conviction, unless and until said order is patently illegal, shocking, based on misreading and non-reading of record or perverse--Application under section 5 of limitation Act, 1908 is otherwise not maintainable in cases relating to applications made under section 417 (2) Code of Criminal Procedure, 1898 seeking grant of special leave to appeal on order of acquittal in a case instituted upon a complaint--Instant application for grant of special leave to file an appeal against order of acquittal has been filed under section 417 (2) of Code of Criminal Procedure and Section 417 (3) of Code of Criminal Procedure, 1898 itself provides period within which same has to be filed--Therefore, Section 5 of Limitation Act, 1908 cannot be made applicable to such applications--Needless to add that time period provided under Article 157 of Limitation Act is also of no import in this matter. Limitation Act, 1908 (IX of 1908)-- ----S. 5--Applicablity--Applications filed under Section 417(2) of Code of Criminal Procedure, 1898--This Court is, therefore, not empowered to condone any delay in filing applications for grant of special leave to appeal from order of acquittal passed by learned Judicial Magistrate, Gujranwala--Applications for Leave to appeal and condonation of delay was dismissed. 1998 SCMR 1854, PLD 1963 SC…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492