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2004 SCMR 209

KHIZAR HAYAT vs NOOR and others

Citation2004 SCMR 209
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 327 of 2001
Date2002-05-24
Judge(s)Iftikhar Muhammad Chaudhry, Faqir Muhammad Khokhar, Khalil-ur-
ResultOrder accordingly

ORDER

' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 27-4-2001 passed by Lahore High Court, Lahore whereby Criminal Appeal No,1009 of 1996 instituted by petitioner has been dismissed.

2. Learned counsel appearing for the petitioner stated that this Court in the case of Muhammad Sharif v. The State PLD 1999 SC 1063 has held that appeal against acquittal under section 417, Cr.P.C.

Arising out of Hudood Law shall be competent before the Federal Shariat Court. Therefore, he stated that he does not want to press instant petition if this Court after making appropriate observations direct the Registrar, Lahore High Court for transmitting the memo. Of appeal filed by the petitioner before Lahore High Court to the Registrar, Federal Shariat Court, for the purpose of disposal of the matter according to law.

3. Learned Advocate-General has no objection for making such observations.

4. It may be noted that vide impugned judgment dated 27-4-2001 learned High Court has already observed that appeal would be competent before Federal Shariat Court against acquittal order passed by the trial Court in favour of the respondents.

' Thus in view of the law laid down by this Court in the case of A Muhammad Sharif (ibid) noted hereinabove we dispose of instant petition with observation that let the Registrar, Lahore High Court, transmit the memo. Of appeal filed by petitioner ,challenging acquittal order dated 13-10- 1996 passed by Judicial Magistrate 1st Class Phalia to the Registrar Federal Shariat Court for decision in accordance with law.

' The petition is disposed of in the above terms.

Cited by 3 cases

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