NUR MUHAMMAD vs THE STATE And 2 Other
This petition for leave to appeal was filed before the Supreme Court of Pakistan by the petitioner against a judgment of the Division Bench of the Lahore High Court acquitting two respondents of a murder charge. The Supreme Court observed that the petition was barred by time by three days. Considering the issue of limitation in petitions challenging acquittals, the Court held that delay cannot be condoned unless it is demonstrated that the petitioner was prevented from filing the petition within time due to some specific act of the acquitted respondents. Finding that no such act by the acquitted respondents was alleged in the petitioner's application for condonation of delay, the Supreme Court dismissed the petition as barred by time.
- Whether delay in filing a petition against acquittal can be condoned without proving an act of the acquitted respondent that precluded timely filing?
- Under what circumstances will the Supreme Court condone delay in a petition challenging an acquittal judgment?
1. SAJJAD AHMAD, J.--This petition is directed against the judg--ment of a Division Bench of the Lahore High Court dated the 28th of April 1971, whereby respondents Makhna and Amir were acquitted of the charge of having murdered their co-villager, Khan Muhammad, on the night between the 25th and 26th of August 1968.
2. According to the office note, the petition is barred by three days, which is not disputed by the learned counsel for the petitioner.
3. It has been held by this Court repeatedly that in petitions' against acquittal, delay cannot be condoned unless it is show that the petitioner was precluded from filing his petition in time due to some act of the acquitted respondent. See Muhammad Khan v. Sultan and others (1969 SCMR 82). No such act on the part of the acquitted respondents is alleged in the application for condonation of delay filed by the petitioner. The petition is, therefore, dismissed asp barred by time.
Cited by 12 cases
- The State vs Talib Hussain & another 2024 SHC 82
- State vs Muhammad Imran 2023 LHC 6572, 2024 PCRLJ 1111
- The State vs M/S Glaxo Smithkline Pak Ltd and 6 others 2023 SHC 1086
- State through Deputy Attorney General vs Shaikh Muhammad Munawar 2020 YLR 1368
- STATE through Advocate-General, Khyber Pakhtunkhwa, Peshawar Versus IHSAN ULLAH 2020 PCrLJN 3
- STATE through Advocate-General, Khyber Pakhtunkhwa vs Mst. IRUM and another 2018 MLD 1731
- The STATE through DAG vs NEMATULLAH and others PLJ 2013 Cr.C. (Peshawar) 190, 2013 YLR 449
- State / Anti Narcotics Force vs Muhammad Adeel Hussain & Another 2015 SHC 21
- THE STATE through Advocate-General, Sindh vs AMIR BUX and anothers 1999 P Cr. L J 587
- SA. RIZVI vs ISLAMIC REPUBLIC OF PAKISTAN through Secretary, Establishment Division and 2 others 1991 MLD 1834
- THE STATE vs INAMUR REHMAN ALVI 1991 MLD 1818
- HUSSAIN BAKHSH vs ALLAH BAKHSH ETC 1981 SCMR 410