MORAN KHAN vs ALI NAWAZ S — 2023 YLR 173 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 173 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: MORAN KHAN vs ALI NAWAZ S
Subject matter: Criminal
Provisions referred to: S. 417---I; S. 3---P; S. 417; S. 3; Illegal Dispossession Act (XI of 2005); Illegal Dispossession Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MORAN KHAN VS ALI NAWAZ S. 417---Illegal Dispossession Act (XI of 2005), S. 3---Prevention of illegal possession of property, etcetera---Appeal against acquittal---Limitation---Scope---For assailing the acquittal judgment, arising out of a complaint, complainant has to file an application seeking special leave to appeal within 60 days of the judgment, which is mandatory requirement as per subsections (2) and (3) of S. 417, Cr.P.C. but the same has not been followed and an acquittal appeal has been preferred against the judgment passed by trial court in a complaint case filed under S. 3(2) of Illegal Dispossession Act, 2005---Even otherwise, if the court allows the appellant at this stage to file an application for special leave to appeal, the same would be time barred and not maintainable---Acquittal appeal was dismissed.

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