Law:

Section:

Criminal Procedure Code (V of 1898)---S. 249-A---Constitution of Pakistan (1973), Art.185(3)---Magistrate had not properly exercised jurisdiction vested in him under S.249-A, Cr.P.C. and had acquitted the accused by an order which, on the face of it was not justified---High Court had rightly set aside the said order---High Court although had not given any specific finding about the condonation of delay in filing the appeal, yet an application under S.5/14 of the Limitation Act, 1908 was pressed into service---Leave to appeal was declined to accused by Supreme Court in circumstances. JUDGMENT SH. RIAZ AHMAD, C.J.---Leave to appeal is sought against the order, dated 6-4-2001 of the Lahore High Court, Lahore whereby learned Single Judge of the High Court accepted Criminal Appeal No. 70 of 1997 filed by the complainant assailing acquittal of the petitioners. 2. The facts of the case are, that respondent No.2 got a case registered against the petitioners alleging that they illegally trespassed into the land of the complainant, destroyed the crops and damaged the trees. After investigation of the crime the challan was submitted in the Court of learned Judicial Magistrate, 1st Class Phalia who acquitted the present petitioners under section 249-A, Cr.P.C. vide judgment, dated"14-3-1995. 3. The order of acquittal was assailed through revision petition before the learned Additional Sessions Judge, Mandi Bahauddin which remained pending for a period of two years and was dismissed for lack of jurisdiction. The complainant then filed criminal appeal before the Lahore High…

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