STATE Versus MUHAMMAD ASHIQ

The present criminal appeal was filed by the State against the acquittal of the respondent, Muhammad Ashiq, vide judgment, dated 16‑10‑1986, passed by Ch. Muhammad Bashir Cheema, Magistrate 1st Class, Gujrat, in a case registered vide F.I.R. No.294, dated 26‑11‑1983, under section 380, P.P.C. at Police Station Jalalpur Jattan, District Gujrat.

2. The charge against the respondent was that he had stolen 69 T‑iron, 8 Garders, 2 bundles of iron bars and 4 grills worth Rs.15,000 from the shop of the complainant, Javed Tariq Butt and that the stolen property was in the house of the respondent.

3. The charge against the respondent/accused was framed on 5‑7‑1986 by the learned trial Court and he was acquitted on 16‑10‑1986 vide impugned judgment as stated above, on the ground that there was a delay of 4 months in the lodging of the F.I.R. and that the prosecution had submitted the challan after a lapse of 11 months 5 days, and that the complainant, P.W. Javed Tariq Butt and P.W. Muhammad Ashraf have not put in appearance despite service; and that the accused was in possession of the purchase receipt in respect of the case property.

4. The present appeal was admitted to regular hearing on 2‑4‑1986, accepting the contentions raised herein to the effect that the prosecution was not allowed sufficient time to produce the evidence as the prosecution evidence was summoned for three dates only and as it has been taken note of that the summons had not been received back as noted on one date of the proceedings of the trial Court.

5. However, on taking up the present criminal appeal for final hearing, the learned counsel for the respondent pointed out that the complainant, Javed Tariq Butt, of the case in question had filed a criminal revision petition against the same order as impugned herein dated 16‑10‑1986, whereby Muhammad Ashiq was acquitted, and that the said criminal revision petition had been dismissed as withdrawn by the learned Sessions Judge, Gujrat, vide order, dated 24‑6‑1987, a certified copy of the same is hereby allowed to be placed on the file, which is as follows:‑

"By this revision petition Javed Tariq has called in question order of Mr. Muhammad Bashir Cheema, M.I.C., Gujrat, dated 16‑10‑1986 whereby Muhammad Ashiq respondent No.2 was acquitted under section 249‑A, Cr.P.C. On the last date of hearing Muhammad Ashiq respondent No.2 made the statement that he or his father had no concern with the case property and it may be given to the petitioner. Today petitioner has made the statement that since he has pardoned respondent No.2 and he has not laid claim to the case property, he does not press the revision petition. In the circumstance the entire case property be delivered to the petitioner. Petitioner states that the case property is already in his possession on Supardari. Revision petition is dismissed as withdrawn."

6. Therefore, as stated in the order dated 24‑6‑1987, passed by the learned Sessions Judge, Gujrat, reproduced above, the parties had effected a compromise and as a result thereof, the case property restored to the complainant, Javed Tariq Butt, hence no case is made out for setting aside the acquittal of the respondent, as contended herein.

7. Resultantly, the present criminal appeal being devoid of merits, is hereby dismissed.

N.H.Q./S‑305/L ????????????????????????????????????????????????????????????????????????????????? Appeal dismissed.