Muhammad Sarfraz vs State Ss — 2025 PCrLJ 1095 LAHORE-HIGH-COURT-LAHORE

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

Muhammad Sarfraz VS State Ss. 249-a, 417 & 439(5)---Penal Code (XLV of 1860), S. 379--- Theft---acquittal challenged by way of a criminal revision petition instead of an appeal against acquittal---Legality---Petitioner moved an application under S. 249-a, Cr.P.C., before the Trial Court for his acquittal, which was allowed---Decision of the Trial Court was set-aside by the Revisional Court---Validity---Perusal of the record revealed that the petitioners were named as accused in the case FIR---after the investigation of the case, the report under S.173, Cr.P.C. was submitted and the petitioners were summoned to face trial---During trial, the petitioners submitted an application under S.249-a, Cr.P.C. seeking their acquittal from the charge as framed against them and the Trial Court on the same day allowed the said application and directed the acquittal of the petitioners from the charge---Such order was assailed by way of filing a criminal revision petition which was allowed with a direction to the Trial Court to retry the petitioners---Provisions of the law with regard to the acquittal of an accused during the trial held by a Magistrate are very clear in their meaning---Section 417 Cr.P.C., provides that if an accused was acquitted in a case, a person aggrieved by the order of acquittal passed by any Court other than a High Court may within 30 days file an appeal against such order---Under S.439(5), Cr.P.C, it has been expressly provided by law that where under the Cr.P.C, an appeal laid then no proceedings by way of revision would be entertained at the instance of the party who could have appealed---In this case, the petitioners were acquitted in the case FIR, therefore, the complainant of the case, had to file an appeal against their acquittal under S.417, Cr.P.C., however, he proceeded to file a criminal revision petition which was not even permissible under the provisions of S.439 subsection (5), Cr.P.C.---Furthermore, the Revisional Court, while accepting the said criminal revision petition also erred in law and exercised jurisdiction which it did not have---In a case of acquittal,an appeal had to be filed under S.417, Cr.P.C.---No proceedings by way of criminal revision petition under S.439, Cr.P.C. were envisaged in a case where accused had been acquitted by any Court other than a High Court---Petition was allowed by setting aside order passed by Revisional Court.

Muhammad Sarfraz vs State Ss — 2025 PCrLJ 1095 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ