Law: Criminal Procedure Code (V of 1898)

Section: 439

Law: Penal Code (XLV of 1860)

Section: 166, 167, 34

(a) Criminal Procedure Code (V of 1898) S. 439 read with High Court Rules and Orders, (Lahore) Vol. V, r. 1-A-Revision against acquittal-Petitioner approaching High Court without first moving District Magistrate for filing appeal against acquittal and without any certificate to the effect that Provincial Government refused to file such appeal-Revision, held, not competent-Penal Code (XLV of 1860), Ss: 166/167/34. In re: Sh. Abdul Kareem P L D 1950 Lah. 439 Tel. (b) Criminal Procedure Code (V of 1898) S. 439-Revision against acquittal-View taken by trial Court reasonably possible on consideration of all facts and circumstances and nothing to show that view taken by Court was perverse or foolish-Interference, held, not justified in circumstances. Feroze Khan v. Capt. Ghulam Nabi Khan and another P L D 1966 S C 424 rel.   ORDER The respondents were tried by the Special Judge, Anti -Corruption, for offence under section 166/167/34, P. P. C. He acquitted them by his order dated 7th August 1963, The petitioner in this case, who was the complainant before the learned Special Judge, without moving the District Magistrate for filing an appeal and without any certificate to the effect that the Provincial Government had refused to file an appeal, moved this Court under section 439, Cr. P. C. The rule on the subject is rule 1-A of the High Court Rules and Orders Volume V which reads as under: "With reference to section 439 (5), Criminal Procedure Code, the Deputy Registrar will not receive any petition for revision of an order of acquittal unless it is accompanied by a copy of an order of the Magistrate of the District, refusing to move the Provincial Government to appeal under section 417, Cr. P. C." No such certificate is attached with the petition r When the matter came up for hearing before my learned brother Muhammad Hayat Junejo, J. he made a reference in his order to In re: Sh. Abdul Kareem (P L D 1950 Lah. 439) in which similar question was agitated. A Full Bench of this Court while dealing with a case of professional misconduct of a certain counsel, who filed revision in a case of acquittal without the relevant certificate, held such an…