Pakistan Case Law
1986 SCMR 2018

AKBAR ALI vs Qazi JAVED AHMAD And Other

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Citation1986 SCMR 2018
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, 485 of 1879 Writ Petition No.
Date1986-03-08
Judge(s)Aslam Riaz Hussain and Muhammad Afzal Zullah
Authored byMuhammad Afzal Zullah
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a criminal petition challenging an order of acquittal passed under Section 249-A of the Code of Criminal Procedure 1898. The respondent had been acquitted in a case under the Arms Act by a Magistrate, relying on findings from a separate murder trial. A private complainant filed a revision petition, which was initially dismissed by the Sessions Judge on the grounds that a private complainant lacks the standing to file a revision in State cases. While the High Court subsequently held that the revision was competent and that the Magistrate erred in relying on findings from the murder trial, it ultimately dismissed the writ petition, concluding that the acquittal order under Section 249-A was justified because the prosecution failed to produce evidence. The Supreme Court, noting that the case involves a matter of general impression, granted leave to appeal. The Court directed that this appeal be heard alongside the pending appeal related to the murder case, allowing parties to file additional documents if necessary.

Questions settled in this judgment
  • Can a private complainant file a revision petition in a State case?
  • Is it permissible for a Magistrate to rely on findings from a separate murder trial when deciding an acquittal under Section 249-A of the Code of Criminal Procedure 1898?
  • Under what circumstances can a trial court pass an order of acquittal under Section 249-A of the Code of Criminal Procedure 1898?
Laws & provisions referred
  • Section 249-A, Code of Criminal Procedure 1898
acquittalrevision petitionprivate complainantArms Actwrit jurisdictionleave to appeal

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.--This matter is an off-shoot of a murder case in which ultimately leave to appeal against acquittal(Criminal Petition No. 263 of 1979) having been granted, the appeal is now pending before this Court. There was a separate case under the Arms Act against the respondent in the aforesaid appeal. He was acquitted under 249-A, Cr.P.C. By the learned Magistrate on the basis of a finding by the Sessions Judge in the other case. The petitioner (complainant) herein filed a revision before the Sessions Judge. It was dismissed on the ground that the revision in State cases could not be filed by a private complainant. The High Court, however, took the view that the revision was competent and further that the learned Magistrate could not take into account the findings of the Sessions Judge in the murder case in so far as the Arms Act case was concerned. However, as the matter was agitated in writ jurisdiction of the High Court, it was dismissed on the ground that the order under 249-A, Cr.P.C. Could be passed by the trial Court as the prosecution had failed to produce evidence.

2. The case is one of general impression. We accordingly grant leave to appeal and direct that the appeal arising out of this petition shall be heard with the appeal arising out of Criminal Petition No. 263 of 1979, on the present record with liberty to the parties to file additional documents, if necessary.

Cited by 2 cases

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