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2005 P C R L J 369

GHULAM. HUSSAIN vs HAIDER ALI alias HAIDRI and 2 others

Citation2005 P C R L J 369
CourtLahore High Court
Case No.Cr. A. No,14-ATA of 2003
Date2003-12-01
Judge(s)Nasim Sabir Ch, M. A. Shahid Siddiqui
ResultAppeal dismissed

ORDER

' Ghulam Hussain appellant has directed this appeal under section 417, Cr.P.C. Against the judgment dated 5-6-2003 passed by the Judge Anti-Terrorism Court No,2 Multan whereby he acquitted Haider Ali alias Haideri and Abdul Khaliq alias Khalidi accused-respondents in case F.I.R.

No,354 of 2002 Police Station Saddar Arif Wala District Pakpattan under section 4 of the Explosive Substance Act, 1908 on the statement of Ghulam Hussain appellant recorded by Muhammad Rafique Inspector S.H.O. P.S. Saddar Arif Wala.

2. The respondents were tried under the Anti-Terrorism Act, 1997. The judgment of Anti-Terrorism Court in case of conviction may be challenged in appeal by the convict under subsection (3) of section 25 within seven days of the passing of the sentence and in case of acquittal it is the Attorney-General, Deputy Attorney-General, Standing Counsel or an Advocate-General or an Advocate of the High Court or the Supreme Court of Pakistan appointed as Public Prosecutor or Special Prosecutor is competent to file an appeal under subsection (4) of section 25 of the said Act.

Ghulam Hussain complainant is not competent to file this appeal in his private capacity as such this appeal is held to be incompetent. Accordingly it is dismissed.

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