ASIF FAHIM MALIK vs State S — 2023 YLR 2426 ISLAMABAD

Case information

Citation: 2023 YLR 2426 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: YLR
Parties: ASIF FAHIM MALIK vs State S
Subject matter: Criminal
Provisions referred to: S. 417---L; Limitation Act (IX of 1908); Limitation 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

ASIF FAHIM MALIK VS State S. 417---Limitation Act (IX of 1908), Ss. 5 & 29---Appeal against acquittal---Limitation---Special attorney, authority of--- Condonation of delay--- Scope---Appellant/complainant was aggrieved of acquittal of accused and filed appeal through special attorney with an unexplained delay of 176 days---Validity---If there is a special provision of limitation provided under relevant law, then section 5 of Limitation Act, 1908, is not applicable for condonation of delay---Neither any application for condonation of delay was filed nor any plausible explanation was extended by appellant/complainant, with regard to filing of appeal with an inordinate delay of 176 days---Appeal in criminal case could not be filed through special attorney as well as after an inordinate delay of 176 days---Appeal was dismissed in circumstances.

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