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WAHEED GUL vs ROKHAN SHAH Ss — 2024 PCrLJ 76 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 76 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
WAHEED GUL vs ROKHAN SHAH Ss
Subject matter
Criminal
Provisions referred to
S. 249-; S. 265-K; S. 417; 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

WAHEED GUL VS ROKHAN SHAH Ss. 249-a, 265-K & 417---acquittal invoking provisions of S. 249-a or S. 265-K, Cr.P.C.---Scope---appeal against acquittal---Complainant preferred appeal against the acquittal order/judgment passed by the Judicial Magistrate on an application under S. 249-a, Cr.P.C. moved by the accused persons (respondents)---Validity---Record revealed that as many as six witnesses were produced by the complainant including himself, however, in the middle of trial, the Trial Court, in a very hasty and casual manner, entertained the application submitted by the respondents (accused persons) under S. 249-a of the Criminal Procedure Code, 1898; and thereby acquitted them of charges---Trial Court passed impugned order even without waiting for statements of the concerned doctor who had examined the injured victim as well as the Investigating Officer whose evidence for the fate of prosecution's case was surely essential---Trial Court was to record reasons in support of conclusion that the charge was groundless or that there was no probability of accused being convicted---If there was remote probability of conviction then courts were not empowered to invoke the provision of S. 249-a or 265-K of the Criminal Procedure Code, 1898---In the present case, Trial Court disrupted the normal course against the mandate of law---High Court set aside the impugned acquittal order and remanded the case back to the Trial Court to decide the same on merits after recording remaining evidence or/and at least recording statements of the concerned doctor and Investigating Officer---appeal under S. 417 of the Criminal Procedure Code, 1898, filed by the complainant was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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