| Citation(s) |
|---|
| 2001 SLG 1517 2001 SLD 1517 2001 SCMR 1461 |
Supreme Court of Pakistan
Criminal Appeals Nos. 188 to 191 of 1998, decision dated: 30th March. 2001. dates of hearing: 17th and 18th January. 2001
SH. RIAZ AHMED, MIAN MUHAMMAD AJMAL AND, JAVED IQBAL, JJ
Rashidul Haq Qazi, Additional Advocate General, NorthWest Frontier Province for Appellant. Raja Muhammad Anwar, Senior Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for
Respondent
Criminal Appeals Nos. 188 to 191 of 1998, decision dated: 30th March. 2001. dates of hearing: 17th and 18th January. 2001
SH. RIAZ AHMED, MIAN MUHAMMAD AJMAL AND, JAVED IQBAL, JJ
Rashidul Haq Qazi, Additional Advocate General, NorthWest Frontier Province for Appellant. Raja Muhammad Anwar, Senior Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for
Respondent
THE STATE through Advocate General N.W.F.P., Peshawar
VS
NAEEMULLAH KHAN
Law:
Section:
(a) Hazara Forest Act (III of 1936) Ss. 9/26Constitution of Pakistan (1973), Art. 185(3)Leave to appeal was granted by Supreme Court to consider, inter alia, whether the phraseology "all proceedings relating to offences and criminal liability under the Act shall be governed by the Code of Criminal Procedure, 1898" employed in S. 46 of the Hazara Forest Act, 1936, was wide enough to include the right of appeal against the acquittal of an accused charged with offences under the provisions of the Act, and therefore, High Court had fallen into error to hold that there was no right of appeal against an order of acquittal of an accused. (b) Hazara Forest Act (III of 1936) S.46"Proceedings"ConnotationWord "proceedings" is a comprehensive expression which includes every step taken, towards further progress of a cause in Court or Tribunal, from its commencement till its disposalWord "proceedings" in legal terminology means the instituting or carrying on of an action of lawGenerally, a "proceeding" is the form and manner of conducting judicial business before a Court or Judicial officer, including all possible steps in an action from its commencement to the execution of a judgment and in a more particular sense it is any application to a Court of justice for aid in enforcement of rights, for relief, for redress or injuries, or damages or for any remedial object-- Proceedings in its general use comprehends every step taken or measure adopted in prosecution or defence of an action. Chamber English Dictionary, 7th Edn.; Legal Thesaurus, Regular Edition by William C. Burton; Law Lexicon, Vol.Ii; American Publication Words and Phrases, p.83; Jan Muhammad and another v. Home Secretary, Government of West Pakistan and others PLD 1968 Lah. 1455; R. Darbarilal v. Rajendra Kumar AIR 1970 Madh. Pra. 1; Ghulam Muhammad v. The State PLD 1979 Quetta 1: Emperor v. Fazlur Rehman and others AIR 1937 Pesh. 52; Muhammad Farash Khan v. Nishadar Jan PLD 1983 SC (AJ&K) 43; Karim Bibi v. Hussain Bakhsh PLD 1984 SC 344 and Wazir Laiq v. The State and others PLD 1987 SC 35 ref. (c) Hazara Forest Act (III of 1936) S.46Right of appeal provided against conviction as well as against acquittal ofโฆ
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