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ALLAH BAKHSH versus ABDUR RASHID


Criminal Code of Conduct (CR PC) Section 417 (2) of the Conduct Rule (XLV of 1860), Section 307/34 The Accountant Magistrate did not take seriously the police challan nor entertain the circumstances on a private complaint.

1986 P Cr. L J 1797(2)

[Lahore]

Before Muhammad Munir Khan, J

ALLAH BAKHSH‑‑Petitioner

Versus

ABDUR RASHID and others‑‑Respondents

Petition for Special Leave to Appeal No. 27 of 1982, decided on 20th November, 1985.

Criminal Procedure Code (V of 1898)

‑‑‑S. 417(2)‑‑Penal Code (XLV of 1860), S. 307/34 ‑‑Acquittal‑ Magistrate taking cognizance on Police challan and not on private complaint‑‑Revision not filed‑‑Petition for special leave to appeal, held, was not entertain able in circumstances.

Ghulam Muhammad Bhatti for Petitioner.

ORDER

This petition for special leave to appeal arises from the judgment of the learned Additional Sessions Judge, Faisalabad, whereby he on 20‑2‑1982 while accepting the appeal of Abdul Rashid, Asghar Ali and Muhammad Bashir respondents against their conviction by Magistrate Section 30 Faisalabad under section‑307/34, P.P.C., acquitted them of the charge.

2. Since after hearing the learned counsel for the petitioner, I find that Petition for Special Leave to Appeal is not entertainable on the short ground that it was not a complaint case but the learned A Magistrate had taken cognizance of the case on police challan. Instead of filing revision against the order of the acquittal, the petitioner has filed petition for special leave to appeal which does not lie.

3. For what has been said above, the petition is dismissed in limine.

S.A. Petition dismissed.

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