Law: Criminal Procedure Code (V of 1898)

Section: 200,249A,417

Criminal Procedure Code (V of 1898) - Ss. 200, 249 A & 417 West Pakistan Pure Food Ordinance (VII of 1960), Ss. 6 & 32 Direct .complaint Appeal against acquittal akcquittal by unauthorized person Effect Bailable warrants were issued against accused, on a direct complaint, who appeared and furnished surety to face trial Accused was acquitted by Trial Court on his application under S.249 A, Cr.P.C. and appeal was filed against such acquittal - Director General, Health Services empowered under S.32 of West Pakistan Pure Food Ordinance, 1960 had authorized a doctor other than the complainant/appellant to launch prosecution against food offenders within the area concerned Doctor so appointed was an aggrieved person by virtue of S.417(2 A), Cr. P.C. who only could file appeal against acquittal of accused ---.--- APPELLANT who by no means had been authorized in the case was incompetent to file complaint and appeal Appeal against acquittal filed by unauthorized person even otherwise being barred by time, was dismissed, in circumstances. THIS ORDER PASSED BY: FAIZ MUHAMMAD QURESHI, JUSTICE:---.--- Appellant Dr. Shaukat Zaman Khan has preferred this criminal acquittal appeal under section 417, Part II, Cr.P.C. being aggrieved with the order dated 18 4 2000, passed by XIth Judicial Magistrate, Karachi (East) in Case No. 90 of 2000; on the complaint filed by the then Director, Health Services, K.M.C. Shaukat Zaman Khan on behalf of K.M.C. against respondent/accused. Brief facts of the case are that on 3 11 1998 Muhammad Afzal, Food Inspector, K.M.C., Karachi visited the restaurant in the, name and Style of Cafe-D Khan owned by accused named above, situated at Plot No. C 333, Block No. 2, P.E.C.H.S., Karachi and identified himself as Food Inspector and on inquiry said accused person disclosed his name to be Muhammad Naeem son of Muhammad Ameen and further disclosed that he is the owner of that business. Inspector tried to appoint the persons available in Caf6 to be witnesses. but no one was ready to act as witness, hence he said to his subordinates (employees of K. M. C.) namely Muhammad Ayoob and Shahzor Khan to act as Mashirs/witnesses. Thereafter, he purchased…

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