GHULAM MUHAMMAD Versus State
This Criminal Miscellaneous Application challenged the dismissal of an application under Section 249-A of the Code of Criminal Procedure 1898, which sought acquittal in a criminal case pending before a Judicial Magistrate. The trial court had initially dismissed the acquittal application, and a subsequent Criminal Revision Application was also dismissed by the Additional Sessions Judge, who directed the trial court to conclude the proceedings within two months. The petitioner sought to overturn these orders. The High Court held that while a trial court possesses the competency to acquit an accused at any stage if the charge is groundless, the Revisional Court's direction to allow the complainant an opportunity to produce evidence was proper. The Court emphasized that parties must be afforded a fair chance to present their evidence. It further observed that filing applications for acquittal under Section 249-A or Section 265-K of the Code of Criminal Procedure 1898 based solely on police investigation material is often a shortcut method that does not preclude the necessity of a full trial. Consequently, the application was dismissed.
- Is the filing of an application under Section 249-A or Section 265-K of the Code of Criminal Procedure 1898 considered a shortcut method for acquittal?
- Does a trial court have the discretion to deny an acquittal application if the complainant has not yet been given a chance to produce evidence?
- Can a Revisional Court direct a trial court to conclude proceedings within a specific timeframe?
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 506-B, Pakistan Penal Code 1860
- Section 447, Pakistan Penal Code 1860
- Section 337-H(2), Pakistan Penal Code 1860
- Section 249-A, Code of Criminal Procedure 1898
- Section 265-K, Code of Criminal Procedure 1898
ORDER
1. GHULAM SARWAR KORAI, J.--- F.I.R. in Crime No. 209 of 2006 for the offence under sections 147/148/149/511/506-B/447/ 337-H(2), P.P.C. was registered at Police Station Sachal, Karachi.
2. The case is pending in the Court of learned Vth Judicial Magistrate (Malir) Karachi, therein Application under section 249-A, Cr.P.C. was filed but the same was dismissed. That order was challenged in the Criminal Revision Application before learned 1st Additional Sessions Judge, (Malir) Karachi and Criminal Revision Application was dismissed on 22-10-2009 by directing the trial Court to decide the matter within 2 months and those orders are impugned before this Court in the present Criminal Miscellaneous Application.
3. Admittedly, trial Court is competent to acquit the accused at any stage, if the charge is groundless but in the present case trial Court was directed by the Revision Court to conclude the trial within 2 months by giving chance to the complainant to produce the witnesses, thus the order passed by the Revisional Court is proper as every one may be given chance to produce their evidence in support of their case and filing application under sections 249-A, Cr.P.C. and 265-K, Cr.P.C. for the acquittal of the accused on the ground that the charge is groundless on the basis of material collected by the police during the investigation is actually shortcut method, therefore, I find no merits in the Criminal Miscellaneous Application, consequently this Criminal Miscellaneous Application is dismissed.
4. H.B.T./G-27/K Application dismissed.