Appeal (Criminal)

Point requiring investigation should be raised in the Court to which it relates and not before the Supreme Court. Shaukat Hussain v. The State 1992 SCR 155 (E)
Limitation — Period to file a petition for leave to appeal is 30 days from the date of order of the High Court- Mistake of a party or his counsel may be a good ground to condone delay but negligence on the part of the counsel in giving legal advice is not sufficient ground to condone the delay. M. Ishaque Khan v. M. Hayat Khan 1992 SCR 292 (A) PLD 1983 SC (AJK) 79 Followed
Competency of — petition under Section 561-A, Cr. P.C. before High Court — Neither any appeal from acquittal was pending nor the sentence was enhanced in a revision — direct appeal before the Supreme Court not competent — An appeal by way of petition for leave to appeal if any legal question was involved, was competent. A.Ghafoor v. Naseer Ah. & 16 others 2016 SCR 771 (B)
—Cr.P.C— section 561-A– IPL, Act, 1974— section 25 —appeal against order passed by Shariat Court in the application u/s 561-A Cr.P.C—Argument that appeal is competent u/s 25 IPL— u/s 25 IPL an appeal or revision against the judgment or order of District Criminal Court is to be filed in the Shariat Court and against the judgment/order of Shariat Court appeal or revision can be filed before this Court—Held: the impugned order of Shariat Court which is not outcome of the appeal or revision against the order of District Criminal Court is appealable before this Court. Sajid Hussain & another v. S.P. District Kotli & others 2017 SCR 845 (A) 2016 SCR 771 rel.
—IPL, Act, 1974—section 25—Cr.P.C— section 561-A—Appeal— competency of— Shariat Court has decided application directly filed u/s 561-A—Held: against such like proceedings no remedy of appeal or PLA is provided under the provisions of IPL or any other law—Held: appeal filed against the judgment/order of the Shariat Court is not maintainable. Sajid Hussain & another v. S.P. District Kotli & others 2017 SCR 845 (C)