2007 P Cr. L J 1944

SHAUKAT ALI vs JAVED AKHTAR and 2 others

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Citation2007 P Cr. L J 1944

CourtSindh High Court

Case No.Criminal Acquittal Appeal No,200 of 2007

Date2007-08-06

Judge(s)Qaiser Iqbal

ResultAppeal dismissed

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This matter comes before the Sindh High Court as a criminal acquittal appeal filed by Shaukat Ali against Javed Akhtar and others. The core legal question concerns the handling of an appeal when the appellant and their counsel repeatedly fail to appear and prosecute the matter. The court held that the criminal acquittal appeal should be dismissed due to non-prosecution and default. The key principle laid down is that the court may dismiss a criminal appeal for non-appearance and default when the appellant fails to pursue the case after repeated calls.

Questions settled in this judgment

Whether a criminal acquittal appeal can be dismissed for non-prosecution and default?
What action can the court take when the applicant fails to appear to pursue the matter?

criminal acquittal appealdismissal for non-prosecutiondefault of appearanceappellate jurisdiction

ORDER

1. ' MRS. QAISER IQBAL, J.--- The matter was called in the morning, none appeared on behalf of the applicant to pursue the matter. Again case has been called at 10-30 a.m. None is in attendance.

2. Criminal acquittal appeal is dismissed for non-prosecution and default.