The State through Advocate General, Khyber Pakhtunkhwa, Peshawar vs Najeeb Ullah Ss — 2025 PCrLJ 1162 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 PCrLJ 1162 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: PCRLJ
Parties: The State through Advocate General, Khyber Pakhtunkhwa, Peshawar vs Najeeb Ullah Ss
Subject matter: Criminal
Provisions referred to: S. 60; S. 417

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

The State through Advocate General, Khyber Pakhtunkhwa, Peshawar VS Najeeb Ullah Ss. 9(a), 11 & 14---Unlawful hunting---Appreciation of evidence---Appeal against acquittal---Time barred---Maintainability---Accused was charged that he after unlawful hunting of Kalij pheasant (a protected bird) uploaded his video clips on social media---State, instead of filing an application for grant of special leave to appeal, had filed criminal appeal in High Court against order of acquittal, therefore, the same was not maintainable---Acquittal order had been passed on complaint filed under S.60 of the KPK Wildlife and Biodiversity (Protection, Preservation, Conservation and Management) Act, 2015, whereas, under S.417(2) & (3), Cr.P.C, the aggrieved person might present an application of special leave to appeal before the High Court within 60 days and after getting permission, the aggrieved person might proceed with the appeal against the acquittal---It was evident from record that the impugned judgment of acquittal dated 24.07.2024 had been assailed by way of that appeal, filed on 14.01.2025, which was time barred by 125 days---If the Court allowed the appellant to either file an application for grant of special leave to appeal under S.417(2) & (3) Cr.P.C, or the memorandum of appeal, for the sake of administration of dispensation of justice, was treated as an application for grant of special leave to appeal, even then, the same being barred by time, would not be maintainable---Appeal of State against the order of acquittal being incompetent as well as barred by time was dismissed in limine.

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