| Case ID |
d57219d9-9308-44f6-a4a5-3d16ece05367 |
| Body |
View case body. Login to View |
| Case Number |
Crl. A. No. 146 of 2020 |
| Decision Date |
Feb 07, 2023 |
| Hearing Date |
Sep 22, 2020 |
| Decision |
The appeal filed under Section 417 of the Criminal Procedure Code was dismissed as it could not be filed through a special attorney. The court held that there is no provision in criminal law allowing an appeal to be filed through an attorney. Additionally, the appeal was filed after a delay of 176 days without any satisfactory explanation, making it non-maintainable. The court emphasized the necessity of adhering to the prescribed limitation period and that the law aids the vigilant, not the indolent. |
| Summary |
This case involves an appeal against the acquittal of Waqar Naeem Malik, who was accused of misappropriating funds from a bank account belonging to his deceased father. The Islamabad High Court ruled on the appellant's ability to file an appeal through a special attorney, ultimately determining that such a procedure is not recognized in criminal law. The court also addressed the issue of delay in filing the appeal, highlighting that the law sets a strict 30-day limit for such actions. Failure to provide adequate justification for the delay resulted in the dismissal of the appeal, underscoring the importance of timely legal action. This ruling clarifies the limitations regarding representation in criminal appeals and the necessity for prompt legal proceedings. This case is significant for legal practitioners and the general public as it delineates the boundaries of legal representation and the strict adherence to limitation periods in the judicial process. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Mehmood Jahangiri, J.
|
| Lawyers |
Syed Javed Akbar,
Sardar Muhammad Ashfaq,
Mr. Kashif Hussain
|
| Petitioners |
Asif Fahim Malik
|
| Respondents |
STATE,
|
| Citations |
2023 SLD 1264,
2023 PLJ 500
|
| Other Citations |
1988 SCMR 1353,
PLD 2016 SC 872,
2021 CLC 867,
PLD 2008 Karachi 342,
PLD 2011 Lahore 179,
2017 PCr.LJ 1104,
2005 MLD 1333
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Limitation Act, 1908
|
| Sections |
417,
5,
29
|