Law: Criminal Procedure Code (V of 1898)

Section: 439, 417

Law: Limitation Act (IX of 1908)

Section: 157

Criminal Procedure Code (V of 1898) S. 439 read with S. 417-Revision against acquittal-Appeal against acquittal-Application for moving Provincial Government for filing an appeal against acquittal rejected by District Magistrate-- Revision application in High Court filed within less than five months of acquittal and fifteen days of District Magistrate's order-Application, held, well within time-Limitation Act (IX of 1908), Art. 157-High Court Rules and Orders (Lahore), Vol. V, Chap. I, Part A(b), r. 1-A. [Revision (criminal)-Appeal against acquittal]. Shrimati Swaitri v. Gopaldas P L D 1963 Kar. 66 ref. Des Raj v. Emperor A I R 1934 Lab. 264 ; Muhammad Yusaf v. Muhammad Akhtar and 3 others 1971 P Cr. L J 794 and Sh. Abdul Karim's case P L D1950 Lah. 439 not relevant. Syed Parial Shah v. The State P L D 1973 Kar. 265 ref. Date of hearing : 26th February 1976."                                                                                                                                                        JUDGMENT GHULAM SAFDAR SHAH, C. J.-The question which one of us (Mian Burhan-ud-Din, J ) has referred for the decision of this Bench is :- "Whether a revision petition under section 439, Cr. P. C. against acquittal filed beyond a period of 60 days from the date of the impugned order could be entertained by the High Court after compliance with Rule 17, Part A(b), Chapter 1, Vol. V of High Court Rules and Orders, Lahore." 2. The difficulty which his Lordship seems to have, while making this reference felt would be readily appreciated from the following extract from his judgment: "In a recent judgment, it was held by me, that the period of limitation for filing a revision against the order of acquittal, by practice, is sixty days and I have referred in that…