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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: THE STATE through Advocate-General, Sindh and 2 others VS Respondent: ZAHID ALI and 2 others
Court Name: Supreme Court of Pakistan Judge(s): Abdul Hameed Dogar, Rana Bhagwan Das Title:THE STATE through Advocate-General, Sindh and 2 others vs ZAHID ALI and
2 others Case No.: Cr.Ps.L.A. Nos.17-K of 2007 and 18-K of 2007 Date of Judgment:2007-02-26 Reported As: 2007 SCMR 1017 Result: Leave granted Judgment ORDER ' RANA BHAGWANDAS, J.--- Both the petitions on behalf of the State are directed against common judgment of the Sindh High Court, Larkana Circuit Bench, dated 11-1-2007, whereby two criminal revision petitions filed by State against the orders of acquittal dated 7-10-2004 and 30-10-2004 were dismissed, as being incompetent. 2. It is, inter alia, urged that even though criminal revision petitions against the orders of acquittal recorded by a competent Court of law may not be competent, in all fairness, High Court ought to have converted these petitions as memos of appeals against acquittal in terms of section 417, Cr.P.C., as both the criminal petitions were erroneously filed within time allowed for filing of appeal against acquittal. 3. Since the view taken by the High Court, on the face of record, appears to be hyper-technical and the Court is supposed to be aware of the provisions of law applicable in a case, no party can be non-suited merely because a wrong provision of law has been cited at the Bar. We, therefore, grant leave to appeal against the impugned orders. As a short point is involved in both the appeals, these may be listed for hearing within six months. Let bailable warrants be issued against the respondents in the sum of Rs,1,00,000 each returnable to the Officer Incharge of Karachi Branch Registry of this Court.