Law: Criminal Procedure Code (V of 1898)

Section: 417(2),561-A

Law: Anti Terrorism Act, 1997

Section: 25(4-B),25

Law: Penal Code (XLV of 1860)

Section: 365-A

Law: Qanun-e-Shahadat (10 of 1984)

Section: 40,122,117

(a) Criminal Procedure Code (V of 1898)--- ----Ss.417(2) 561-A---Anti-Terrorism Act (XXVII of 1997), 25 (4-B)---Appeal against acquittal---Maintainability---Special leave to appeal, non-seeking of---Conversion of proceedings---Inherent powers of High Court---Maxim actus curiae neminem gravabit---Applicability---Mistake of advocate---Act of Court---Complainant-appellant instead of seeking special leave to appeal against acquittal of all accused persons, preferred direct appeal, which was admitted by High Court for regular hearing and accused persons were summoned---Validity---Complainant-appellant could be rescued under S.561-A, Cr.P.C., in order to meet ends of justice---Complainant-appellant could not be burdened due to mistake of his counsel as well as office of High Court, who did not consider law in true perspective at initial stage---Appeal was filed within time but no special leave to appeal was obtained nor any such order was passed---No bar existed to consider such appeal as an application for special appeal and allow the same while giving effect from date of admission---High Court could not sit as silent spectator and watch that who committed the mistake---Every Court inherited powers to ensure justice was done and if foul play was visible, Judge had to rectify the same---High Court committed a mistake while entertaining the appeal directly at its initial stage and the same could not be considered against complainant-appellant who also did not apply law in a proper manner---High Court invoking inherent powers in terms of S.561-A, Cr.P.C. and relying upon principle actus curiae neminem gravabit, that no one should be prejudiced by the act of Court, condoned application for special leave---Objection was set aside in circumstances. Muhammad Akram v. DCO Rahim Yar Khan 2017 SCMR 56; Mian Asghar Ali v. Government of Punjab through Secretary 2017 SCMR 118; Sher Alam Khan v. Abdul Munim PLD 2018 SC 449; Mst. Gul Jan v. Naik Muhammad PLD 2012 SC 421; Commissioner of Income Tax (Legal) RTO v. ED-Zublin AG Germany 2020 SCMR 500; Abdur Rahim v. The State 1981 SCMR 294; Muhammad Ijaz v. Muhammad Shafi 2016 SCMR 834; Lanvin Traders, Karachi v. Presiding Officer…

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