EJAZ AKHTAR vs The STATE
This is a petition for special leave to appeal directed against the order of the Lahore High Court, Rawalpindi Bench, which dismissed the petitioner's application under section 561-A of the Code of Criminal Procedure for the quashment of proceedings. The core legal question before the Supreme Court of Pakistan was whether sufficient cause was shown for condoning a 33-day delay in filing the petition for special leave to appeal. The court held that the ground advanced by the petitioner, namely suffering from eyesore preventing the timely acquisition of a certified copy, did not constitute a valid or reasonable cause for the extensive delay. Consequently, the court dismissed the petition as hopelessly time-barred, establishing the principle that routine medical ailments without demonstrating continuous incapacitation do not justify the condonation of significant delays in approaching the apex court.
- Whether suffering from eyesore constitutes a sufficient cause for condoning a delay in filing a petition for special leave to appeal?
- Can an application under section 561-A of the Code of Criminal Procedure for quashment of proceedings be maintained when the petition for special leave to appeal against its dismissal is time-barred?
- Section 561-A, Code of Criminal Procedure 1898
ORDER
M. BURHANUDDIN KHAN, J.-This is a petition for special leave to appeal against the order/judgment dated 4-10-1981 of the Lahore High Court, Rawalpindi Bench in Cr. M. No. 11-Q/81 whereby the petitioner's application under section 561-A, Cr. P. C. Was dismissed.
2. It may be mentioned that the petition is barred by 33 days. The petitioner has filed an application for the condonation of delay stating therein that as he was suffering from eyesore and, therefore, he could not secure the certified copy of the impugned order in time. This could hardly be a reason for the delay of over a month in filing the present petition.
3. The petitioner filed an application for the quashment of the proceed--ings in the Lahore High Court, Rawalpindi Bench, but the same was dismissed on 4-10-1981. Feeling aggrieved the petitioner filed the present petition on 13-12-1981. No valid or reasonable cause is shown for the delay in filing this petition which is hopelessly time barred and is accordingly dismissed.