| Citation(s) |
|---|
| 2004 SLG 1116 2004 SLD 1116 2004 SCMR 1122 |
Supreme Court of Pakistan
Criminal Petition No. 441-L of 2001, decision dated: 6-06-2002.(On appeal from the judgment/order, dated 28-3-2001 passed by Lahore High Court, Lahore in Criminal Appeal No. 210 of 1997)
IFTIKHAR MUHAMMAD CHAUDHRY, TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
Malik Amjad Pervaiz, Advocate Supreme Court with C.M. Latif, Advocate-on-Record for Petitioner. Imtiaz Ali Chaudhry, A.G. (Punjab), Wali Muhammad, A.S.I. (FIA), Faisalabad and Muhammad Rashid (
Respondent No. 1) for
Respondents
Criminal Petition No. 441-L of 2001, decision dated: 6-06-2002.(On appeal from the judgment/order, dated 28-3-2001 passed by Lahore High Court, Lahore in Criminal Appeal No. 210 of 1997)
IFTIKHAR MUHAMMAD CHAUDHRY, TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
Malik Amjad Pervaiz, Advocate Supreme Court with C.M. Latif, Advocate-on-Record for Petitioner. Imtiaz Ali Chaudhry, A.G. (Punjab), Wali Muhammad, A.S.I. (FIA), Faisalabad and Muhammad Rashid (
Respondent No. 1) for
Respondents
M. SHAHID GHAFOOR
VS
MUHAMMAD RASHID and others
Law:
Section:
Constitution of Pakistan (1973)----Art. 185(3)---Appeal against acquittal---Petition was barred by 67 days ---Condonation of delay was sought on the ground that the complainant had no knowledge about the decision of the High Court---Explanation offered in the application was not acceptable because it was the duty of the complainant to remain vigilant about the proceedings pending before the High Court---Lapse of time in a criminal matter was sufficient to provide protection to the accused who had been acquitted, against further judicial process through the petition for leave to appeal---Besides, accused had already undergone imprisonment for about five months before passing of the order of High Court---Leave to appeal was declined to complainant in circumstances. Fakhar-ud-Din v. Fazal Karim and others 1999 SCMR 795 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment, dated 28th March 2001 passed by Lahore High Court, Lahore whereby criminal appeal filed by respondent No.1 has been allowed and he has been acquitted. 2. This petition is barred by 67 days. Alongwith memo. of petition, an application has been filed seeking condonation of delay…
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