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Petition for Special Leave to Appeal No. 290 of 1967, decided on 6th December 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 28th July, 1967, in Criminal Miscellaneous No. 118 of 1967).
S. 561‑A‑Quash ment of criminal cases‑High Court's order holding that power to quash proceedings could not be derived from S. 561‑A‑Decision, held, plainly correct by Supreme Court.
Ghulam Muhammad v. Mozammal Khan P L D 1967 S C 317 ref.
O. XIII, r. I‑Petition for leave to appeal time‑barred by 76 days‑Excuse that petitioners were chairmen or members of Union Councils and "very busy persons", held, inadequate‑Petition dismissed.
D. M. Awan, Advocate Supreme Court instructed by Masud Akhtar, Attorney for Petitioner.
Nemo for the State.
Date of hearing: 6th December 1967.
‑The petitioners sought quashment of a case registered against them with the Police under sections 149, 452/149; P. P. C., invoking section 561‑A, Cr. P. C. A learned Single Judge dismissed the petition, holding that power could not be derived from that section to make the desired order. Reliance was placed on the view enunciated by this Court in the recent case of Ghulam Muhammad v. Mozammal Khan (PLD1967SC317).
The decision is plainly correct. What is more, this petition is barred by time by 76 days, and the inadequate excuse is putt forward that the petitioners are all Chairmen or Members of Union Councils and "very busy persons".
The petition is dismissed.
Petition dismissed.
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