Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: NEK MUHAMMAD VS Respondent: THE STATE and others
Court Name: Peshawar High Court Judge(s): Jawaid Nawaz Khan Gandapur Title: NEK MUHAMMAD vs THE STATE and others Case No.: Civil Revision No,55 of 1998 Date of Judgment:1999-05-21 Reported As: 1999 YLR 132 Result: Revision petition dismissed
JUDGMENT
JUDGMENT ' Arguments heard. Record of the case perused. 2. This Criminal Revision petition, filed against the judgment of Zaila Qazi/Sessions Judge, Malakand at Batkhela Camp Court Chakdara, recorded on 13-12-1997, Vide: which respondents-accused Nos.2 to 6, charged for committing offences, punishable under sections 302/404/148/149, P.P.C., in case registered Vide: F.I.R. No,321, dated 20-9-1994 lodged at Police Station Ouch, were acquitted under section 265-K, Cr.P.C., is not at all competent in view of the provisions laid A down in section 439(5), Cr.P.C. Which is to the following effect:--- "439 (5) Cr.P.C. Where under this Code an appeal lies and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have appealed." 3. Beside this the present Criminal Revision cannot be converted into an appeal as the same was filed on 14-7-1998 and is, therefore, barred by time by about six (6) months, which, under the circumstances of this case, cannot be condoned. 4. Since this Criminal Revision is not competent, therefore, it is dismissed along with the condonation application i,e, No,Cr.M.No,116 of 1999.