Cr.Acq.A.No.S-43 of 2013

1. For orders on office objection

2. For orders on MA-1459/2013

3. For Katcha Peshi

02.05.2016

Mr. Shaikh Amanullah advocate for appellant.

Mr. Zulfiqar Ali Jatoi, Deputy Prosecutor General.

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Learned counsel for the appellant pleads no instructions. On 30.03.2016 following order was passed:

“Mr. Riaz Shaikh holding brief for Mr. Shaikh Amanullah is again seeking adjournment on the ground that the latter learned counsel is busy before another bench of this Court. On the other hand, learned APG vehemently opposed the instant criminal acquittal appeal on the point of limitation. Per learned APG the instant appeal is hopelessly time barred. Since today learned counsel for the appellant is not in attendance, therefore, the case is adjourned, however, if the learned counsel for the appellant failed to appear and/or proceed with the case on the next date of hearing then some appropriate order will be passed without affording further opportunity to learned counsel for the appellant. Adjourned as requested to 02.05.2016.”

It appears that after filing instant acquittal appeal, neither the appellant nor his counsel has remained vigilant to proceed with the matter, whereas, instant acquittal appeal is pending at Katcha Peshi stage for the last three years. Learned DPG has frankly stated that, prima facie, neither there seems any error in the impugned judgment nor any illegality appears to have been committed by the learned trial Court while acquitting the respondents.

In view of hereinabove facts and circumstances of the case, this Court is left with no option but to dismiss instant acquittal appeal, which is accordingly dismissed along with listed application.

JUDGE

N.M.