MIAN KHALID RAUF versus CH. MUHAMMAD SALEEM
Section 5 (2) of the Criminal Procedure (XLV of 1860), Sections 409/161 of the Pakistan Criminal Law Amendment Act (XL of 1958), Sections 3 and 10 (2) of the Code of Criminal Procedure (V9 1898), Section 417 (2A) Appeal against Senior Special Judge, Anti-Corruption, by filing an appeal under Section 409/161, PPC and Section 5 (2), Section 417 (2A), retained the complainant. Had challenged the accused's acquittal under sections 409/161, PPC and section 5 (2). ), CRPC Pakistan Criminal Law (Amendment) Act, 1958, is a special law and special judges have been appointed under section 3 of the said Act, who were eligible to confess to the above mentioned crimes in its schedule, Appeals against the order of victory passed by the. Special Judges can only be filed by the Public Prosecutor with the prior permission of the Central Government under Section 10 (2) of the Act and not by any private person but by Section 10 (2) of the Pakistan Criminal Law Amendment Act 1958. Appeal filed by a Special Judge to appeal an appeal by a Special Judge, excluding the right to appeal by a private judge / aggrieved person, reducing the scope of section 417, CR Is. , Thus, was unable to be retained and accordingly was excluded
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