SUHAIL JIWANI vs State Ss — 2022 YLRN 133 KARACHI-HIGH-COURT-SINDH

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SUHAIL JIWANI VS State Ss. 420, 406, 506 & 34---Criminal Procedure Code (V of 1898), S. 249-A---Dishonestly inducing delivery of property, criminal breach of trust, criminal intimidation and common intention---Power of Magistrate to acquit accused at any stage---Acquittal after framing of charge---Scope---Appellant assailed order passed by Magistrate whereby the accused persons were acquitted of the charge on an application under S.249-A, Cr.P.C.---Validity---Charge against the accused persons had already been framed which showed that in the wisdom of Trial Court there was some substantial material against the accused persons but subsequently without recording any evidence in the matter Trial Court acquitted the accused persons without any valid reason---Magistrate, while passing the acquittal order, had relied upon the re-investigation report---Police could carry out re-investigation and submit its report but findings of such investigation were just an opinion of the police and the court had to decide the case after recording of evidence---High Court observed that the presiding officer of the Trial Court had acted erroneously in the matter with mis-conception and mis-interpretation and had disposed of the matter purely on non-appreciation and non-application of the required norms of law and justice---Appeal was allowed, impugned judgment was set aside and the case was remanded to the Trial Court for decision on merits.

SUHAIL JIWANI vs State Ss — 2022 YLRN 133 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported