PIRAN DITTA vs THE STATE And 2 Other — 1970 SCMR 282

Citation: 1970 SCMR 282

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-10-08

Parties: PIRAN DITTA vs THE STATE And 2 Other

Headnotes

Case cited as 1970 SCMR 282

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: PIRAN DITTA vs THE STATE And 2 Other Case No.:Criminal Appeal No. 331 of 1968 Petition for Special Leave to Appeal No. 86 of 1969 Date of Judgment:1969-10-08 Reported As: 1970 SCMR 282 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-This is a petition for special leave to appeal against the judgment of the High Court of West Pakistan, Lahore, acquitting the respondents. The petition is barred by five days. The only ground urged to condone the delay is that the judgment of the High Court had been kept, reserved and the petitioner could not notice its announcement. It is stated that the petitioner learnt about the judgment on the 4th March 1969, and applied for obtaining the certified copy on the same date. It is submitted that the delay in filing the petition is not deliberate and intentional. The explanation, given by the petitioner cannot be taken into consideration because the petitioner was not prevented by the respondents to file the present petition. The view of this Court is that delay in acquittal matters is condoned only in those cases where the petitioner is prevented by an act of the respondent to file the petition for special leave to appeal in time. We are, therefore, unable to condone the delay. The petition is, dismissed as barred by time.

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