Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Appeal No. 803 of 1979, heard on 3rd July, 1985.
---Ss. 249-A & 417--Penal Code (XLV of 1860), S. 500--Appeal against acquittal--Does not abate on death of appellant--Acquittal ordered under 249, Cr.P.C.--Complaint filed under S: 500, Penal Code, against accused by Government servant without obtaining permission from his Department--No case punishable under S. 500, Penal Code, made out as act of accused .fell within exception to S. 500, Penal Code--Appeal dismissed.
Sh. Khalil-ur-Rehman for Appellant.
Rana M. Anwar for Respondent No.l.
Date of hearing: 3rd July, 1985.
This petition for Special Leave to Appeal No. 39 of 1979 which has been converted into Criminal Appeal No. 803 of 1979, arise from the judgment of learned Magistrate, Lahore whereby' he on 10-6-1979 acquitted Mian Abdul Qadir respondent under section 249-A, Cr.P.C. of the charge under section 500, P . P . C .
2. The facts leading upto this appeal briefly are that Anwar Maqbool appellant was a Secretary of Union Committee Ward No. 58/59. Mian Abdul Qadir respondent moved application in the Municipal Corporation for inquiry against the appellant, wherein he levelled allegations of corruption and malpractices against him. On this the appellant filed complaint under section 500, P . P . C . against Mian Abdul Qadir. After preliminary inquiry the respondent was summoned to face proceeding under section 500, P.P.C. I'he learned Magistrate framed charge against the respondent and directed the appellant to produce his evidence Sadaqat Ali was produced as P.W. 1. Thereafter, the respondent moved application under section 249-A, Cr.P.C. for his acquittal and the learned Magistrate accepted the same and acquitted the respondent.
3. Anwar Maqbool appellant has died. Since this is an appeal under section 417, Cr.P.C. and the same does not abate, therefore, I have considered the merits of the case. I find that Anwar Maqbool who was Government Servant had filed complaint under section 500, P.P.C. A without having obtained permission from his department, and that under the law he could not have done so. Even otherwise no case punishable under section 500, P.P.C. was made out because the act of the accused/I respondent fell within exception to section 500, P.P.C.
4. For what has been stated above, the appeal is dismissed.
M. Y. H.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer