Pakistan Case Law
2020 SHC 626

Waheed Ali vs Zahir Hussain & others

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Citation2020 SHC 626
CourtSindh High Court
Case No.Criminal Acquittal Appeal No.D-60 of 2020
Date2020-08-11
Judge(s)Rashida Asad
ResultAppeal dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

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.

Questions settled in this judgment
  • 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?
criminal acquittal appealnon-prosecutiondismissal for defaultabsence of appellant

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.

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