MUHAMMAD ALI vs YOUSUF and another
This petition for leave to appeal challenged a judgment of the High Court of Sindh, which had allowed a criminal miscellaneous application to quash proceedings initiated under Section 145 of the Code of Criminal Procedure 1898 against the respondents. The petitioner initially faced a delay of 36 days in filing the petition, which the Supreme Court condoned after hearing counsel. Upon reviewing the merits of the case, the Supreme Court examined the impugned High Court judgment to determine if any legal error or substantial question of law existed that would warrant interference. Finding no defects in the High Court's reasoning and noting that the petitioner failed to raise any significant question of law requiring adjudication by the apex court, the Supreme Court concluded that the case was not a fit matter for the grant of leave to appeal. Consequently, the petition was dismissed, and leave to appeal was refused.
- Can the Supreme Court condone a delay in filing a petition for leave to appeal?
- Does the High Court have the authority to quash proceedings initiated under Section 145 of the Code of Criminal Procedure 1898?
- Section 145, Code of Criminal Procedure 1898
ORDER
' ASLAM RIAZ HUSSAIN, J.--The petition is barred by 36 days. After hearing petitioner's counsel we condone the delay and proceed to hear the petition on merits.
2. Through this petition the petitioner has challenged the judgment of the High Court of Sind dated 21-10-1987 allowing the respondents' criminal miscellaneous application for quashing the proceeding under section 145, Cr.P.C. Initiated against the respondents.
We have gone through the impugned judgment and heard the learned counsel for the petitioner at some length. He has not been able to point out any defect in the impugned judgment. Nor has he raised any question of law requiring decision by this Court. We do not, therefore, consider it a fit case for grant of leave, which is consequently refused.