' This appeal has been posted for consideration of a preliminary objection raised by the respondent which is in terms that appeal has been filed by the A.A.-G., Punjab who was not a Public Prosecutor in terms of provisions of section 492, Cr.P.C. And appeal was filed incompetently and unauthorizedly.
2. We have heard the learned counsel at length. One of us (Iftikhar Hussain Chaudhry, J.), while sitting in Single Bench has held in State v. Rana Muhammad Saleem 2001 PCr.LJ 1465 that Advocate-General, Punjab and Assistant Advocate-General in Punjab are duly notified Public Prosecutors. Reliance in this regard is placed on Punjab Government Notification Home- JudI.No,1224 J-37/13344, dated 3-4-1937 and Punjab Government Notification No,37274-39/21757, dated 23-6-1938. The Government of West Pakistan vide Notification No,861-Law, dated 14-10-1955 had notified the Assistant Advocates-General, Punjab to be Public Prosecutors generally for West Pakistan in terms of provisions of section 492 of Code of Criminal ProcedtTre, 1898.
3. We have considered the arguments advanced at the bar and we are of the considered view that Assistant Advocates-General in Punjab are duly notified Public Prosecutors under section 492, Cr.P.C. Who can competently file the appeals. The Government of Punjab has authorized the Assistant Advocate-General in this case to file the appeal. The appeal was competently filed.
4. The preliminary objection raised on behalf of the respondents is hereby overruled.
5. Main case is posted for hearing in due course. Some of the appeals are to be heard alongwith appeals of convicts. All the matters shall, be posted for hearing after preparation of paper books.
Objection overruled.