ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Cr.
Acquittal Appeal. No.S-
167 of 2017
For hearing
of case
1. For orders on MA
No.7137/2018 (Leave to appeal)
2. For hearing of main case
28.01.2019
Mr. Ali Mutahir
Shar Advocate for the Appellant
Mr. Zulfiqar
Ali Sangi Advocate for private respondents
Syed Sardar
Ali Shah Rizvi, DPG for the
State
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Irshad Ali Shah, J;- The appellant by way of instant application
under section 417(2) Cr.P.C has sought for grant of special
leave to appeal from the order of acquittal which is recorded on a direct
complaint.
2. The facts in brief necessary for disposal
of instant application are that the appellant filed a complaint against the
private respondents for their prosecution under section 3/4 of the Illegal
Dispossession Act, 2005. It was brought on record. The private respondents
joined the trial and they were acquitted by learned 2nd Additional
Sessions Judge Khairpur vide his judgment dated 08.09.2017,
which was impugned by the appellant way of preferring an acquittal appeal,
without seeking for grant of special leave to appeal, during pendency of his
acquittal appeal perhaps the appellant realized his mistake and then by way of
instant application has sought for grant of special leave to appeal.
3. It
is contended by learned counsel for the appellant that the appellant could not
seek special leave to appeal at the time of filing his criminal acquittal
appeal. By contending so, he sought for grant of special leave to appeal in favour of the appellant for disposal of the acquittal appeal
on merit.
4. Learned
DPG for the State and learned counsel for the private
respondents have sought for dismissal of the instant application by contending
that it is filed much after expiry of the prescribed period of sixty days.
5. I
have considered the above arguments and perused the record.
6. There
is no denial to the fact that the order of the acquittal of the private
respondents was recorded by learned trial court on direct complaint. As per
sub-section (2) to Section 417 Cr.P.C, such acquittal
could be impugned by way of filing an acquittal appeal after seeking for special
leave to appeal, within sixty days of order of acquittal as is prescribed by
sub-section (3) to Section 417 Cr.P.C. No special
appeal was sought for by the appellant at the time when he filed the acquittal
appeal, which was filed on 06.10.2017, which the appellant is now going to seek
by way of instant application which is filed on 13.12.2018, much after expiry
of sixty days time which is prescribed by law under
sub-section (3) to Section 417 Cr.P.C, that too,
without asking for condonation of such delay, the
special leave to appeal as such could not be granted. Consequently, the instant
application under section 417(2) is dismissed, which has also made the very
appeal to be infructuous as same as per sub-section (4) to Section 417 Cr.P.C, would not lie in case the special leave to appeal
is refused.
7. Order
accordingly.
Judge
ARBROHI