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2011 P Cr. L J 441

ABDUL GHAFFAR vs MUHAMMAD ASIF and another

Citation2011 P Cr. L J 441
CourtSindh High Court
Case No.Cr. Acq. Appeal No. S-206 of 2009
Date2010-11-29
Judge(s)Amir Hani Muslim
ResultAppeal dismissed

ORDER

1. AMIR HANI MUSLIM, J.---The learned counsel for the private respondents states that the time for filing an acquittal appeal as provided under section 417(2)(a), Cr.P.C. Is 30 days and the present appeal has been filed on 5-10-2009 against the order which was passed on 17-8-2009. According to learned Counsel for the private respondents, the appeal is barred by 14 days for which neither any application for condonation has been filed nor any explanation in the memo of appeal has been given.

2. As against this, learned counsel for the appellant states that the time for filing acquittal appeal by the complainant is 60 days and he has read Article 155 of the Limitation Act, which provides 60 days.

3. In law, the provisions of Limitation Act would only be invoked if the special statute does not provide Limitation in it. If the Criminal Procedure Code provides limitation, then the provisions of Limitation Act could not be invoked. Learned counsel for the appellant could not persuade me from any provision of law that the limitation for filing of an acquittal appeal is beyond 30 days. This appeal is barred by limitation and is accordingly dismissed in limine. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 4 cases

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