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M. SHAFIQ versus SECRETARY TO GOVERNMENT OF PAKISTAN, HOUSING AND ACCOUNTANT-GENERAL


Article 185 (3) of the Contempt of Rule (XLV of 1860), 5 302/34 Appeal against the verdict passed by the High Court for appeal, based on the well-established principles of the rule of criminal justice. Denied 's decree decision.

1986 S. C M R 1667 (1)

Present: Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain Mirza, JJ

Nawab AHMAD RAUF KHAN‑‑Petitioner

versus

MUHAMMAD HUSSAIN and others‑‑Respondents

Petition for Leave to Appeal No. 15‑K of 1984, decided on 22nd December, 1985.

(On appeal from the judgment and order of Sind High Court, Karachi, dated 5‑7‑1984 in Criminal Appeal No, 107 of 1983).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), 5.302/34‑‑Petition for Leave to Appeal against order of acquittal passed by High Court‑‑Impugned judgment of High Court based on well‑settled principles of law governing criminal justice‑‑Leave refused.

Sarfraz Hussain, Advocate Supreme Court and Muzaffar Hussain, Advocate‑on‑Record with Usman Ghani Rashid, Advocate Supreme Court for Petitioner.

R.A.Qureshi Advocate‑on‑Record for Respondents Nos. 1 and 2.

A. Sattar Shaikh, Addl. A.‑G. with S.M. Abbas, Advocate‑on- Record for Respondent No. 3.

Date of hearing: 22nd December, 1985.

ORDER

ABDUL KADIR SHAIKH, J.‑‑

This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court, dated 5‑2‑1985 allowing an appeal filed by the respondents and thereby setting aside the conviction and sentence passed against them under section 302/34, P.P.C.

After having heard the learned counsel for the petitioner we find that no exception in law can be taken against the impugned judgment of the High Court which is based on well‑settled principles of law governing criminal justice. The petition is, therefore, dismissed.

M . Y . H . Petition dismissed.

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