THE STATE vs ABDUL SATTAR and others
The State filed a petition for leave to appeal against the order of the Lahore High Court, which had dismissed in limine the State appeal against the acquittal of the respondents by the trial court. The core legal question was whether the High Court committed any error of law, misreading, or non-reading of evidence in dismissing the State's appeal against acquittal. The Supreme Court held that no case was made out for interference, as the Additional Advocate-General failed to point out any legal error, misreading, or non-reading of evidence by the High Court. The petition for leave to appeal was accordingly dismissed. The key principle laid down is that the Supreme Court will not interfere with an order of the High Court dismissing an appeal against acquittal in limine unless a patent error of law or a serious misreading or non-reading of evidence is demonstrated.
- Whether the Supreme Court will interfere with the High Court's dismissal in limine of an appeal against acquittal without proof of legal error or misreading of evidence?
- Does the failure to point out misreading or non-reading of evidence justify granting leave to appeal against an acquittal?
ORDER
1. ' GHULAM MUJADDID, J.--The State has filed this petition for leave to appeal against the order of the Lahore High Court dated 12-3-1988 whereby the State appeal against the acquittal of Abdul Sattar and Abdul Razzaq respondents by the trial Court vide judgment dated 26-12-1987 was dismissed in limine.
2. We have heard the Additional Advocate-General who appeared on behalf of the State. He has not been able to point out any error of law, misreading or non-reading of evidence which would justify interference in the impugned order.
3. ' No case is made out for leave to appeal. The petition is dismissed.