| Case ID |
1a6aeab1-95ed-4e26-9f05-3f4c0a109a9d |
| Body |
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| Case Number |
Criminal Revision Petition No.22 of 2001 |
| Decision Date |
Sep 19, 2001 |
| Hearing Date |
Sep 19, 2001 |
| Decision |
The revision petition was filed against the dismissal of a private complaint for non-prosecution, leading to the acquittal of the accused. The court found that the order under section 247 of the Criminal Procedure Code is appealable under section 417(2), subject to the grant of leave to appeal. The court held that the aggrieved complainant can approach the High Court for leave to appeal, regardless of whether the acquittal was based on evidence or non-prosecution. The court dismissed the revision petition, reinforcing that no revision can be entertained where a right of appeal is available under the Criminal Procedure Code. |
| Summary |
This case revolves around the dismissal of a private complaint filed by the petitioners against the respondents, resulting in their acquittal for non-prosecution. The main legal question addressed was the maintainability of the revision petition in light of the provisions of the Criminal Procedure Code, particularly sections 247 and 417(2). The court emphasized that an order under section 247 is indeed appealable under section 417(2) of the Criminal Procedure Code, allowing the aggrieved complainant to seek leave to appeal. The court dismissed the revision petition based on the established legal precedence that no revision can be considered where an appeal is permissible. The ruling reinforces crucial aspects of criminal procedure, particularly in terms of the rights of complainants and the scope of judicial review in acquittal cases. This case highlights the importance of understanding procedural law and the avenues available for challenging acquittals. By clarifying the appealability of orders passed under section 247, this decision contributes to the body of case law that governs criminal proceedings in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAH, JEHAN KHAN, J
|
| Lawyers |
Hamidullali Bangash,
S. Attique Shah,
Muhammad Jamil Qamar
|
| Petitioners |
another,
ZAHOOR
|
| Respondents |
another,
SAIDULIBRAR
|
| Citations |
2002 SLD 879,
2002 PCRLJ 181
|
| Other Citations |
1997 PCr.LJ 1626,
1990 PCr.LJ 1699
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Prevention of Corruption Act (II of 1947)
|
| Sections |
200,
247,
417(2),
439(5),
5
|