MUHAMMAD YUSUF vs MUHAMMAD AKHTAR AND 3 OTHERS — 1971 PCRLJ 794

Citation: 1971 PCRLJ 794

Court: Lahore High Court

Year: 1970

Decision Date: 1970-11-04

Parties: MUHAMMAD YUSUF vs MUHAMMAD AKHTAR AND 3 OTHERS

Headnotes

Case cited as 1971 PCRLJ 794

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri Title: MUHAMMAD YUSUF vs MUHAMMAD AKHTAR AND 3 OTHERS Case No.: Criminal Revision No. 221 of 1964 Date of Judgment:1970-11-04 Reported As: 1971 P Cr. L J 794 Result: Petition dismissed Judgment ORDER The respondents were tried by the Special Judge, Anti---Corruption, for offence under section 166/167/34, P. P. C. He acquitted them by his order dated 7th August 1963, The petitioner in this case, who was the complainant before the learned Special Judge, without moving the District Magistrate for filing an appeal and without any certificate to the effect that the Provincial Government had refused to file an appeal, moved this Court under section 439, Cr. P. C. The rule on the subject is rule 1-A of the High Court Rules and Orders Volume V which reads as under:-- "With reference to section 439 (5), Criminal Procedure Code, the Deputy Registrar will not receive any petition for revision of an order of acquittal unless it is accompanied by a copy of an order of the Magistrate of the District, refusing to move the Provincial Government to appeal under section 417, Cr. P. C." No such certificate is attached with the petition r When the matter came up for hearing before my learned brother Muhammad Hayat Junejo, J. He made a reference in his order to In re: Sh. Abdul Kareem (PLD 1950 Lah. 439) in which similar question was agitated. A Full Bench of this Court while dealing with a case of professional misconduct of a certain…

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