Whether leave to appeal against an order of acquittal under Section 417(2) of the Code of Criminal Procedure 1898 should be granted where the trial court rightly dismissed a complaint under the Child Marriage Restraint Act 1929?

1986 SCMR 1820(2)

Sheikh ABDUL HAQUE vs Mst. NARGIS And Other

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Citation1986 SCMR 1820(2)

CourtSupreme Court of Pakistan

Case No.Criminal Petition No. 421 of 1984 Petition for Special Leave to Appeal No. 58

Date1986-05-24

Judge(s)Nasim Hasan Shah, Muhammad Afzal Zullah, Aslam Riaz Hussain

ResultPetition dismissed

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This matter arose from a petition for leave to appeal filed before the Supreme Court of Pakistan against an order of the Lahore High Court. The petitioner had initially filed a criminal complaint under Section 9 of the Child Marriage Restraint Act 1929, alleging that seventeen respondents had collaborated to forcibly solemnize the marriage of a minor girl aged fifteen years with an accused person. The trial Magistrate dismissed the complaint and acquitted the respondents. Subsequently, the petitioner sought leave to appeal under Section 417(2) of the Code of Criminal Procedure 1898 before the Lahore High Court, which dismissed the petition in limine for lack of sufficient grounds. The Supreme Court evaluated whether the High Court erred in refusing leave to appeal. Upholding the decisions of both lower courts, the Supreme Court held that the complaint was rightly dismissed and that no grounds for interference existed. The Supreme Court accordingly dismissed the petition for leave to appeal.

Questions settled in this judgment

Whether leave to appeal against an order of acquittal under Section 417(2) of the Code of Criminal Procedure 1898 should be granted where the trial court rightly dismissed a complaint under the Child Marriage Restraint Act 1929?

Laws & provisions referred

Section 9, Child Marriage Restraint Act 1929
Section 417(2), Code of Criminal Procedure 1898

Child Marriage Restraint Actleave to appealdismissal of complaintacquittalpetition in liminecriminal procedureminor marriage

ORDER

1. NASIM HASAN SHAH, J.--The petitioner filed a complaint under section 9 of the Child Marriage Restraint Act, 1929, against 17 persons alleging that they had all joined together and got Mst. Asmat Parveen a minor girl of 15 years to forcibly solemnize marriage with Fahim Sehar.

2. The learned trial Court, Ch. Nazir Ahmad, Magistrate 1st Class, Lahore dismissed the complaint and by his order. Dated 27-6-1984, acquitted the respondents. The petitioner thereupon sought leave to appeal from the Lahore High Court by filing a petition under section 417(2), Cr.P.C. But the learned Judge, who heard this petition, came to the conclusion that no good ground for granting leave to appeal existed. He, accordingly, dismissed the petition in limine, vide his order, dated 25-11-1984.

3. This is a petition for leave to appeal directed against the aforesaid order.

4. Sh. Masood Akhtar, learned Advocate-on-Record, has been heard on behalf of the petitioner.

5. We are satisfied that the complaint was rightly dismissed by the learned Magistrate and the High Court was fully justified in refusing to grant leave to appeal against it.

6. No ground for interference exists. This petition, therefore, fails and is dismissed hereby.