ABDUL GHAFFAR vs MUHAMMAD ASIF and another
This matter concerns an acquittal appeal filed by the complainant against an order passed by a trial court. The core legal question before the Sindh High Court was whether the limitation period for filing an acquittal appeal by a private complainant is governed by the Code of Criminal Procedure 1898 or the Limitation Act 1908. The private respondents contended that the appeal was time-barred, having been filed beyond the 30-day period prescribed under Section 417(2)(a) of the Code of Criminal Procedure 1898. The appellant argued for a 60-day limitation period under Article 155 of the Limitation Act 1908. The Court held that the provisions of the Limitation Act 1908 are only applicable where the special statute governing the proceedings does not prescribe a specific limitation period. Since the Code of Criminal Procedure 1898 explicitly provides a limitation period for such appeals, the Limitation Act 1908 cannot be invoked. Consequently, the Court dismissed the appeal in limine as time-barred, establishing the principle that specific limitation periods within a special statute override general provisions found in the Limitation Act 1908.
- Is the limitation period for filing an acquittal appeal by a private complainant governed by the Code of Criminal Procedure 1898 or the Limitation Act 1908?
- Can the provisions of the Limitation Act 1908 be invoked when a special statute provides a specific limitation period?
- What is the limitation period for filing an acquittal appeal under Section 417(2)(a) of the Code of Criminal Procedure 1898?
- Section 417(2)(a), Code of Criminal Procedure 1898
- Article 155, Limitation Act 1908
ORDER
1. AMIR HANI MUSLIM, J.---The learned counsel for the private respondents states that the time for filing an acquittal appeal as provided under section 417(2)(a), Cr.P.C. Is 30 days and the present appeal has been filed on 5-10-2009 against the order which was passed on 17-8-2009. According to learned Counsel for the private respondents, the appeal is barred by 14 days for which neither any application for condonation has been filed nor any explanation in the memo of appeal has been given.
2. As against this, learned counsel for the appellant states that the time for filing acquittal appeal by the complainant is 60 days and he has read Article 155 of the Limitation Act, which provides 60 days.
3. In law, the provisions of Limitation Act would only be invoked if the special statute does not provide Limitation in it. If the Criminal Procedure Code provides limitation, then the provisions of Limitation Act could not be invoked. Learned counsel for the appellant could not persuade me from any provision of law that the limitation for filing of an acquittal appeal is beyond 30 days. This appeal is barred by limitation and is accordingly dismissed in limine. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 4 cases
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- YAQOOB JOYO vs KIRAR and 5 others 2016 P Cr. L J 1902
- SHAHID MANZOOR vs The STATE and others 2015 YLR 853
- WAHID BUX vs The STATE and 4 others 2013 P Cr. L J 1759