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ABDUL REHMAN alias REHMAN vs State Ss — 2024 PCrLJ 223 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 223 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
ABDUL REHMAN alias REHMAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 249-; S. 265-K; S. 561-; 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

ABDUL REHMAN alias REHMAN VS State Ss. 265-K, 249-a & 561-a---Provision(s) of S. 249-a or 265-K of the Criminal Procedure Code, 1898 ('Cr.P.C., 1898')---Ingredients---Exceptional circumstances---application under S. 265-K of the Cr.P.C., 1898 filed by the petitioner/accused was declined by the Trial Court; he assailed said dismissal order by moving the High Court under S. 561-a of the Cr.P.C., 1898---Contention of the respondent/ complainant was that similar application moved by other accused was also dismissed---Validity---Provision(s) of S. 249-a or 265-K of the Cr.P.C, 1898, were provided by the Criminal Procedure Code, 1898, itself, therefore, the same could not be legally brushed aside as 'non-existent'---However, said provisions, being in departure to normal course, would only be exercised when exceptional circumstances justifying the charge to be groundless were present or that there was no probability of the accused being guilty of any offence even if trial was concluded ---Dismissal of an application of co-accused would not be a sufficient ground for dismissal of such like application by other accused of the same case, rather criterion of dismissal of such application must always be non-existent of required ingredients i.e. 'charge being groundless' and 'non-existent of possibility of accused being guilty of any offence even if case was taken as correct'---Petition under S. 561-a of the Cr.P.C, 1898, was allowed, in circumstances.

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