PIRAN DITTA vs THE STATE And 2 Other
This matter arises from a petition for special leave to appeal filed against the judgment of the High Court of West Pakistan, Lahore, which acquitted the respondents. The petition was barred by five days. The core legal question before the court was whether the delay in filing a petition for special leave to appeal against an acquittal could be condoned on the ground that the petitioner was unaware of the reserved judgment's announcement until a later date. The Supreme Court held that the delay could not be condoned, noting that the explanation regarding lack of notice does not suffice unless the petitioner was prevented by an act of the respondent from filing the petition in time. Consequently, the petition was dismissed as barred by time. The key principle laid down is that in acquittal matters, delay is condoned only where the petitioner is prevented by an act of the respondent from filing the petition for special leave to appeal within the prescribed limitation period.
- Can delay in filing a petition for special leave to appeal against an acquittal be condoned due to lack of notice of a reserved judgment?
- Under what circumstances is delay condoned in acquittal matters before the Supreme Court?
ORDER
1. WAHIDUDDIN AHMAD, J.-This is a petition for special leave to appeal against the judgment of the High Court of West Pakistan, Lahore, acquitting the respondents. The petition is barred by five days.
2. The only ground urged to condone the delay is that the judgment of the High Court had been kept, reserved and the petitioner could not notice its announcement. It is stated that the petitioner learnt about the judgment on the 4th March 1969, and applied for obtaining the certified copy on the same date. It is submitted that the delay in filing the petition is not deliberate and intentional. The explanation, given by the petitioner cannot be taken into consideration because the petitioner was not prevented by the respondents to file the present petition. The view of this Court is that delay in acquittal matters is condoned only in those cases where the petitioner is prevented by an act of the respondent to file the petition for special leave to appeal in time.
3. We are, therefore, unable to condone the delay. The petition is, dismissed as barred by time.
Cited by 19 cases
- Mushtaq Ahmed Versus State 2026 PCrLJ 668
- State Versus Mahfia Kausar 2025 PCrLJ 2001
- 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
- The State vs Wasif Shah & another 2022 SHC 362
- 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 vs TANVEER-UL-HASSAN and 5 others 2009 P Cr. L J 199
- 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 K.L.R 1991 Criminal Cases 573
- THE STATE vs INAMUR REHMAN ALVI 1991 MLD 1818
- HUSSAIN BAKHSH vs ALLAH BAKHSH ETC 1981 SCMR 410
- MOHAMMAD DIN vs GHULAM FARID AND 2 Other 1971 SCMR 526
- Mst. RAFIQAN vs MUHAMMAD RIAZ And Another 1986 SCMR 738