Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 17

Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

(a) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)----- ----S. 17---Criminal Procedure Code (V of 1898), S.417(2)---Where a private complaint under the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, is rejected, then the only remedy left for the complainant is to file a petition for special leave to appeal before the Federal Shariat Court to assail the rejection order---Direct appeal against the acquittal in a complaint case is not competent. Muhammad Nawaz v. Fazil and 4 others 1994 PCr.LJ 2288; Abdul Latif v. Mst. Bilquees Begum and another 1983 PCr.LJ 1451; Subedar (Retd.) Noor Gul and others v. The State and another 1987 PCr.LJ 1671; Muhammad Bakhsh v. Iqbal Ahmad alias Ahmad and another 1980 PCr.LJ 191; Mst. Nasreen Akhtar v. Husnain Mehdi and others Criminal Revision No. 206/I of 1996; Kh. Babar Saleem and others v. Hasnain Mehdi and another Criminal Appeal No. 15/I of 1996 and Bashir Ahmad v. The State 1990 PCr.LJ 780 ref. (b) Administration of justice--- ---- Practice and procedure---If law mandates doing of an act in a particular manner, it has to be done in that manner and no deviation or departure, there from, is permissible. (c) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----Ss. 7 & 17---Criminal Procedure Code (V of 1898), S.417(2)--¬Constitution of Pakistan (1973), Art.203-DD---Revision petition--¬Revision petition filed by the petitioner under Art.203-DD of the Constitution was misconceived having been brought against the mandatory provisions of S.417(2), Cr.P.C. and was liable to be dismissed summarily ---.--- PETITIONER could not be allowed to put premium on his own lapse and claim exemption from the legal requirement of filing petition for leave to appeal---Objection about maintainability of a "lis" could be raised even at the stage of its final hearing---Even otherwise, respondent, while appearing as her own witness in the maintenance suit, had not levelled any allegation of adultery against the petitioner---Pleadings in the civil suit did not form substantive piece of evidence and if the petitioner wished to gain benefit from it, he ought to have confronted the respondent with the same…

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