Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Azad Penal Code, Ss. 338-A ,  34--Report Ikhtitami--Case was consigned to record--Dismissal of application--Filling of petition leave to appeal instead of appeal--Competence of appeal--Maintainability--A direct appeal or revision may be filed against impugned , whereas appellant has filed petition for leave to appeal, which is not competent.  [P. 122] B Azad Jammu ,  Kashmir Interim Constitution, 1974-- ----Art. 8--Appeal--If a party to any proceedings before Shariat Appellate Bench of High Court, is aggrieved from final decision of Shariat Appellate Bench of High Court, he may file an appeal before this Court, within a period of 60 days--A revision petition against decision of Shariat Appellate Bench of High Court may also be preferred before this Court within a period of 60 days. [P. 122] A JUDGMENT Kh. Muhammad Nasim, J.--The titled appeal by leave of the Court, has been directed against the judgment of the Shariat Appellate Bench of the High Court dated 25.09.2019, whereby the application filed by the appellant, herein, under section 561-A, Cr.RC.has been dismissed. 2. The facts of the case briefly stated are that a case in the offences under sections 338-A and 34 A.P.C. was registered against the accused-respondents, herein, at City Police Station Mirpur on 09.02.2016, on the complaint of appellant, herein. The appellant alleged that his wife Neelum Shazadi was pregnant who with the connivance of other accused-respondents committed the offence of abortion, however, after investigation, the Police presented the report “Ikhtitamf under section 173, Cr.P.C. that the case is liable to be dismissed as “عدمتسلیموقوع” whereupon, the Tehsil Court of Criminal Jurisdiction (Court No. II), Mirpur concurred with the report of the Police and consigned the case to record, vide order dated 31.05.2016. Against the said order, the appellant, herein, filed an application under Section 561-A, Cr.P.C. before the Shariat Appellate Bench of the High Court. After necessary proceedings, the learned Sharait Appellate Bench of the High Court, through the impugned judgment has dismissed, the application, hence…

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