Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

Law: Pakistan Penal Code, 1860

Section: 302,109

Law: Limitation Act, 1908

Section: 5

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 417(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302 109--Limitation Act, (IX of 1908), S. 5--Acquitted of charge--Memorandum of appeal--Deficiencies in it but without specifying time--Restoration/revival of appeal by way of recalling order--A minute perusal of afore reproduced Rule indicates that upon institution of any suit, appeal, petition etc, as case may be, Deputy Registrar (Juki.) while pointing out any of deficiencies, i.e., being not maintainable, having not been properly constituted or containing scandalous/objectionable language, or having not been drawn up in conformity with afore-going direction, amendment or for filing requisite documents, for making up deficiency within time period specified in relevant appendix, is authorized to return memorandum--Such order is commonly known as ‘Office Objection’--Any delay, in placing such matter before Court or [issuing list shall not furnish any justification for non-receipt of returned petition in time--decision made on Administrative Side shall be final and shall not be assailed in any other proceedings before he High Court--In case some memorandum of appeal etc., is resubmitted after its return beyond period mentioned in--memorandum in office, same shall not be treated as barred by limitation--While sustaining office objections, a reasonable time for their removal is granted to enable party to make up pointed out deficiency even by learned Administrative Judge so that without being circumvented by ethnicities decision of cause may be made after due application of mind in accordance with law on its me its by a Court--Memorandum of appeal under Section 417 (2), Cr.P.C. filed by petitioner after its scrutiny was returned by office requiring filing of certain documents but without specifying any time for making pointed out deficiency of documents good and matter was straightway placed; before Administrative Judge in list of motion casess should have been given an opportunity while specifying time to make up pointed out deficiencies by providing required documents at first instance and thereafter learned Administrative Judge while passing order of sustaining…

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