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Initializing Secure Chambers
Petitioner: IRFAN ASHIQ VS Respondent: GENERAL MANAGER, KUNDIAN NUCLEAR COMPLEX And Other
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Aslam Riaz Hussain Title: IRFAN ASHIQ vs GENERAL MANAGER, KUNDIAN NUCLEAR COMPLEX And Other Case No.:Criminal Appeal No. 618 of 1985 Criminal Petition of Special Leave to Appeal
No. 110 of 1986 Date of Judgment:1986-06-21 Reported As: 1986 SCMR 1820(1) Result: Leave granted Judgment ORDER ASLAM RIAZ HUSSAIN, J.--Petitioner seeks leave to appeal against the order of the High Court, dated 26-3-1986 accepting the appeal filed by the Government against the acquittal of the petitioner of the charge under section 3(3) read with sections 5(1)(A) and 5(1)(13) of the Pakistan Essential Services (Maintenance) Act, 1952. 2.Learned counsel for the petitioner submits that the appeal filed by the Government was barred by time and that the High Court has erred in holding that it was within time. He submitted that the Magistrate passed the order of his acquittal on 10-8-1981. The Government filed an application for supply of certified copy of the judgment on the same day. Copy was prepared on 20-9-1981 and the same was obtained by the respondent-Government on 26-9-1981 and filed the appeal on the same day i.e. 26-11-1981. As such, it would appear that even after deducting the time consumed in obtaining the copy of the impugned judgment the appeal is barred by one day (time for filing appeal being 60 days). 3.We, therefore, think this is a fit case for grant of leave to consider the question of limitation. Ordered accordingly.
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