Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 439 & 417---Constitution of Pakistan (1973), Art.185(3)---Criminal revision petitions against acquittal were dismissed by the High Court, as being incompetent---Contention of the -Petitioner/State was that even though criminal revision petitions against the order of acquittal recorded by a competent Court may not be competent, in all fairness, High Court ought to have converted the petitions as memos of appeals against acquittal in terms of S.417, Cr.P.C., as both the criminal petitions were erroneously filed within time allowed for filing of appeal against acquittal---Validity---View taken by the High Court, on the face of record, appeared to be hyper-technical and the Court was supposed to be aware of the provisions of law applicable in a case, no party could be non-suited merely because a wrong provision of law had been cited at the Bar---Supreme Court, in circumstances, granted leave to appeal against the impugned order of the High Court. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Petition for leave to appeal---View taken by the High Court, on the face of record, appeared to be hyper-technical and the Court was supposed to be aware of the provisions of law applicable in a case, no party could be non-suited merely because a wrong provision of law had been cited at the Bar---Supreme Court, in circumstances, granted leave to appeal against the impugned order of the High Court. appeal against the impugned order of the High Court. ORDER RANA BHAGWANDAS, J. --- Both the petitions on behalf of the…

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