Case called. Neither the appellant nor her learned counsel has appeared. Since the appeal cannot be dismissed for non-prosecution, so I have examined the case with the assistance of the learned counsel for the respondents.
2. The facts leading to this appeal, briefly, are that Mst. Bashiran petitioner filed a complaint under section 307/148/149, P.P.C. Against Muhammad Abbas and four others respondents Nos.1 to 5, in the Court of Magistrate Section 30, Sargodha. After making preliminary inquiry, the learned Judicial Magistrate dismissed the complaint under section 203, Cr.P.C. Feeling aggrieved thereby, Mst.
Bashiran filed petition for special leave to appeal under section 417, Cr.P.C. The leave was granted and the petition was converted into the present appeal.
3. The learned counsel for the respondents contended that no appeal lies against the impugned order whereby the complaint of the appellant was dismissed under section 203, Cr.P.C. Inasmuch as this order does not amount to an order of acquittal of the charge.
4. I feel persuaded to agree with him. There can be no two opinions that the order of the dismissal of complaint under section 203, Cr.P.C. Is not an order of acquittal of charge and, as such, no petition for special leave to appeal or appeal lies against this order. The present appeal is dismissed as being misconceived. 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.