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VISHAL AHMAD SHAKIR vs MIAN MUHAMMAD SHAHBAZ SHARIF S — 2026 PLD 511 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2026 PLD 511 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2026
Reporter
PLD
Parties
VISHAL AHMAD SHAKIR vs MIAN MUHAMMAD SHAHBAZ SHARIF S
Subject matter
Criminal
Provisions referred to
S. 439---P; S. 10---A; S. 439

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

VISHAL AHMAD SHAKIR VS MIAN MUHAMMAD SHAHBAZ SHARIF S.439---Pakistan Criminal Law (Amendment) Act (XL of 1958), S.10---Appeal / revision against acquittal---Maintainability---Judgment passed by Special Court---Maxim A communi observantia non est-recedendum---Applicability---Petitioner / private person assailed acquittal order passed by Special Judge Central, acquitting respondents of the charge---High Court office raised objection that criminal revision by a private person was not maintainable---Validity---Latin maxim A communi observantia non est-recedendum means that there should be no departure from common observance or usage i.e. when a thing has been prescribed to be done in a particular manner, it should be done in that manner only and not by other means---Only Public Prosecutor could file an appeal against order of acquittal---In S.439(5), Cr.P.C. it had been clearly mentioned that if an appeal was available and no appeal was filed, then no revision proceedings could be entertained---Revision petition filed against order of acquittal was not maintainable and even otherwise, the order of acquittal did not contain any illegality---Objection was sustained in circumstances.

Other judgments reported in 2026 PLD

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