Waheed Ali vs Zahir Hussain & others
This matter is a criminal acquittal appeal filed before the Sindh High Court. The core legal question concerns the disposal of the appeal upon the repeated absence of the appellant and their counsel despite being called. The court held that the appeal should be dismissed for non-prosecution due to the lack of interest shown by the appellant. The key principle laid down is that appellate courts may dismiss criminal appeals for non-prosecution when the appellant and their legal representative fail to appear and prosecute the case.
- Can a criminal acquittal appeal be dismissed on account of non-prosecution when the appellant and their counsel are absent?
- What action can the court take when the appellant fails to appear after being called in a criminal appeal?
ORDER
1. Appellant / complainant and his counse l are called absent. The name of learned advocate for the appellant / complainant transpires in the cause list. Now it is 11:32 a.m. Apparently , appellant / complainant is not interested.
2. This Criminal Acquittal Appeal is dismissed on account of non-prosecution along with listed applications.