State vs Mumtaz Hussain Nagari Ss — 2026 YLR 131 Gilgit-Baltistan Chief Court

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State VS Mumtaz Hussain Nagari Ss. 341, 186, 188, 143 & 147---Criminal Procedure Code (V of 1898), Ss. 249-A & 417---Wrongful restraint, obstructing a public servant in the discharge of his public functions, disobedience to order duly promulgated by public servant, unlawful assembly, rioting---Appreciation of evidence---Appeal against acquittal---Accused-respondents were charged for protesting and blocking a main road---In the instant case S.147, P.P.C., was not applicable, because four ingredients as defined in S.141 of P.P.C regarding unlawful assembly had not been established specially use of criminal force by the accused during protest was missing---No statement was available on case file regarding any person who was prevented from proceedings in any direction in which he had right to proceed, hence the attraction of S.341, P.P.C., in the FIR against the accused/respondents was also not justified---As for S.186 and 188, P.P.C., mentioned in FIR, no Police Officer was authorized to register FIR for the violation of S.144, Cr.P.C., unless complaint in writing was made by the authority in terms of S.1951(a), Cr.P.C., which stipulated that, "No Court shall take cognizance of any offence punishable under Ss.172 to 188 of P.P.C, except on the complaint in writing of the public servant concerned or of some other public servant to whom he was subordinate---Section 249-A, Cr.P.C., categorically empowers Magistrate of acquitting the accused persons at any stage of the case, if after hearing the prosecutor and the accused, for reasons to be recorded, he considers that the charge is groundless or that there is no probability of the accused being convicted of any offence, which has judiciously been done by him after hearing the parties---In the instant case, after full trial of the matter, there was no probability of the accused being convicted of any offence mentioned in the FIR, as such further proceedings in the Court amounted to wastage of time and abuse of process of the Court---Appeal against acquittal was dismissed being devoid of any merit.

State vs Mumtaz Hussain Nagari Ss — 2026 YLR 131 Gilgit-Baltistan Chief Court

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