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Zeeshan Malik vs Muhammad Nasir Ss — 2024 PCrLJ 1163 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 1163 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Zeeshan Malik vs Muhammad Nasir Ss
Subject matter
Criminal
Provisions referred to
S. 3---P; S. 265-K; Illegal Dispossession Act (XI of 2005); Criminal Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Zeeshan Malik VS Muhammad Nasir Ss. 265-K & 417---Illegal Dispossession Act (XI of 2005), S. 3---Prevention of illegal possession of property---Delivery of possession of property to owner---Appeal against acquittal---Application under S. 265-K of the Criminal Procedure Code, 1898, filed by the accused was allowed by the Trial Court---Validity---Purpose of provisions of S.265-K, Cr.P.C. was very much clear and it never prevented a Court from acquitting an accused at any stage of the case, if, after hearing the prosecution and the accused and for reasons to be recorded, the Court considered that there was no probability of the accused being convicted of the offence alleged against them---There was no legal embargo for exercising of powers conferred under S.265-K Cr.P.C, but even then the Court cannot deprive the prosecution of an opportunity to produce tangible evidence under the garb of S.265-K, Cr.P.C., therefore, it was mandatory for the Court that such discretion must be based on reasons exercised with due care and caution with sole object to prevent fruitless trial when it was apparent from the record that there was no probability of the accused being convicted of the offence---Perusal of impugned order revealed that after examining the entire material, the trial Court observed that there would be no probability of conviction of respondents 1 to 3 in near future and acquitted them from the charge under S.265-K, Cr.P.C.---Appellant had failed to establish extra ordinary reasons and circumstances, whereby the acquittal order recorded by the Trial Court might be interfered with by the High Court---Appeal against acquittal was dismissed, in circumstances.

Other judgments reported in 2024 PCRLJ

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