The provisions of the law with regard to the acquittal of an accused during the trial held by a Magistrate are very clear in their meaning. It has been provided under section 417 Cr.P.C., that if an ..............

 The provisions of the law with regard to the acquittal of an accused during the trial held by a Magistrate are very clear in their meaning. It has been provided under section 417 Cr.P.C., that if an accused is acquitted in a case, a person aggrieved by the order of acquittal passed by any court other than a High Court may within 30 days file an appeal against such order and the Public Prosecutor may also present an appeal to the High Court from the order of acquittal passed by any court other than a High Court.

It is also a fact that under section 439 sub-section (5) Cr.P.C., it has been expressly provided by law that where under the Cr.P.C., an appeal lies then no proceedings by way of revision shall be entertained at the instance of the party who could have appealed.

Crl. Misc.-6425-M-24
MUHAMMAD SARFRAZ ETC VS
STATE ETC
Mr. Justice Sadiq Mahmud Khurram
20-11-2024
2024 LHC 6200