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Criminal Appeal No. 26 of 1973 with C. M. Pr No. 246 of 1973, decided on 22nd January 1976.

(On appeal from the judgment of the Special Court of Pakistan, dated 4‑6‑1973).

‑‑ Art. 11(1)‑Objection to jurisdiction of special Court pending decision in appeal but‑Special Court since acquitting appellant of impugned charges‑Appeal, held, anfractuous and dismissed as with drawn.

Maqbool Ahmad for M. A. Rahman, Advocate‑on‑Record for Appellant.

Nemo for Respondents.

Date of hearing : 22nd January 1976.

The Government of Pakistan, by means of a notification dated the 3rd January 1973, issued in pursuance of Article 3 of the Criminal Law Amendment (Special Court) Order, 1972, directed that the appellant, Mr. Altaf Gauhar, be tried by the Special Court and on the 14th April 1973, forwarded the formal charges and statement of the allegations against the accused for his trial. In due course, the appellant put in appearance before the Special Court on the 21st May 1973, and filed a petition questioning the very jurisdiction of that Court to hold the trial or punish him. But the Special Court by a detailed order dated the 4th June 1973, found no force in the preliminary objections thus raised by the appellant and repelled them as untenable. In these circumstances, the appellant filed the above appeal against the order in this Court under Article 11 (1) of the Criminal Law Amendment (Special Court) Order, 1972, But now the appellant his filed a miscellaneous petition to the effect that the Special Court has, on the 31st December 1973, acquitted him of the charges, this appeal has, therefore, become infructuous and may be dismissed as withdrawn. We see no objection to the grant of this prayer made before us.

The above appeal is accordingly dismissed as withdrawn with no order as to costs.

Appeal dismissed.

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