Sheikh Rasheed Ahmed vs State Ss — 2025 MLD 677 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 677 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Sheikh Rasheed Ahmed vs State Ss
Subject matter: Criminal
Provisions referred to: S. 265-K; S. 164

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

Sheikh Rasheed Ahmed VS State Ss. 265-K, 435 & 439---acquittal of accused at any stage of trial---Scope---application of the petitioner under S.265-K, Cr.P.C for his acquittal was dismissed by the Trial Court---Validity---Petitioner was arrayed as one of the perpetrators of the offence in the statement under S.164 of Cr.P.C. of the co-accused, recorded before the Magistrate---Petitioner was sent before the Trial Court to face the trial but at the very outset, he moved a petition under S.265-K, Cr.P.C., seeking his acquittal, which was turned down---after dismissal of the petition under S.265-K of Cr.P.C., Trial Court proceeded to frame charge against the petitioner to which he pleaded not guilty and claimed trial---at an initial stage, it would not be apt to make any comment upon worth and credence of statement of the co-accused recorded under S.164, Cr.P.C. as it may cause prejudice to any of the side before the Trial Court---acquittal of the petitioner in terms of S.265-K, Cr.P.C. in the facts and circumstances of the case, at an early stage, would amount to stifling the proceedings before the Trial Court, which already refused to exercise its powers in favour of the petitioner---Moreover, after dismissal of petition under S.265-K, Cr.P.C., Trial Court proceeded to frame charge against the petitioner---Thus, Trial Court did not commit any illegality or perversity while dismissing the petition under S.265-K, Cr.P.C. moved by the petitioner---Resultantly, petition, being devoid of any merits, was dismissed, in limine.

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