Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

Law: Penal Code (XLV of 1860)

Section: 302,109

Criminal Procedure Code (V of 1898)--- ----S. 417(2)---High Court (Lahore) Rules and Orders, Vol.V, Chapt.-I, Pt.-A, Rr. 9 9-A---Penal Code (XLV of 1860), Ss. 302 109---Qatl-i-amd---Special Petition for Leave to Appeal---Judicial business---Office objection---Failure to fix time to remove office objection---Administrative Judge, jurisdiction of---Appeal against acquittal under S. 417(2), Cr.P.C. filed by applicant 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---Matter was straightaway placed before Administrative Judge in list of motion cases---None was present on behalf of applicant to contest office objection and the same was sustained vide order dated 22-5-2015 sought restoration of his appeal against acquittal---Validity---Proceedings before Administrative Judge were not judicial rather the same were administrative in their nature---Provisions of Limitation Act, 1908, were not applicable to such proceedings---If some memorandum of appeal etc. was resubmitted after its return beyond period mentioned in memorandum in office, same was not to be treated as barred by limitation---In view of R. 9(i) of Volume-V, Chapt-I, Pt.-A of High Court (Lahore) Rules and Orders, applicant should have been given opportunity while specifying time to make up the pointed out deficiencies by providing required documents at the first instance and thereafter Administrative Judge while passing order of sustaining objection in the interest of justice---High Court restored Appeal against acquittal as office objection was unsustainable---High Court directed office to fix the same for its hearing on administrative side---Application was allowed in circumstances. Rana Naveed Ahmad Khan v. Province of Punjab through Secretary LG CD PLD 2014 Lah. 436; Employees Management Group, Pak-Saudi Fertilizer Limited through Authorized Representative v. Government of Pakistan, Ministry of Privatization (Privatization Commission) 2002 YLR 1487; Farman Ali v. Muhammad Ishaq and others PLD 2013 SC 392; Muhammad Boota v. Basharat Ali 2014 CLD 63; 2006 YLR 650; PLD 1991 SC 973 and Noor…

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