Cr.Acq.A.No.S-52 of 2014

For Katcha Peshi

02.05.2016

Mr. Zulfiqar Ali Jatoi, Deputy Prosecutor General.

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Appellant and his counsel called absent, no intimation received. Instant acquittal appeal was present in the office on 14.07.2014, however, record shows that appellant and his counsel have not come forward to proceed with the matter, which was fixed for the first time on 30.03.2016, when following order was passed:

“The instant criminal acquittal appeal has been filed on 14.07.2014. From the file cover it appears that on several occasions the instant criminal acquittal appeal discharged. Today, the case is fixed for the first time in Court, however, learned counsel for the appellant is not in attendance despite notice issued to the learned counsel for the appellant under UPC. Nonetheless, as an indulgence the case is adjourned, however, with a note of caution that if, learned counsel failed to appear and/or proceed with the case on the next date then some appropriate order will be passed. Adjourned to 02.05.2016.”

Today, neither the appellant nor his counsel is in attendance, no intimation received. Learned DPG has frankly stated that from perusal of impugned judgment it appears that there was no material available with the prosecution to connect the accused persons, who have been acquitted by extending benefit of doubt, whereas, prima facie impugned judgment does not suffer from any error or illegality. In view of hereinabove facts and circumstances of the case, this Court is left with no option but to dismiss this acquittal appeal for non-prosecution.

JUDGE

N.M.