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 2^nd 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