1997 P Cr (PLP)
ABDULLAH JAN KHAN — Petitioner Versus SAIFUR REHMAN KHAN and 6 others — Respondents
| Citation | 1997 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | ABDULLAH JAN KHAN — Petitioner Versus SAIFUR REHMAN KHAN and 6 others — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1997 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 P Cr (PLP) (ABDULLAH JAN KHAN — Petitioner Versus SAIFUR REHMAN KHAN and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Yunis Theheem for Petitioner.
Headnotes / Summary
S. 447/290
Criminal Procedure Code (V of 1898)-, Ss. 417(2) & 249-A-- Complainant had not produced any documentary evidence in support of his claim that the street in dispute was owned and possessed by him, rather, all the witnesses examined by him deposed that the street was also being used by the accused
Magistrate had acquitted the accused after having heard arguments on the application of accused under S.249-A, Cr.P.C. in the presence of the complainant and he was competent to do so at any stage of the proceedings-- Leave to appeal was refused in circumstances.
S. 249-A
Scope of S.249-A, Cr.P.C.
Acquittal of accused at any stage-- Section 249-A, Cr.P.C. empowers the Magistrate to acquit the accused at any stage of the proceedings after hearing the Prosecutor/complainant and accused and for reasons to be recorded if he considers the charge to be groundless or there being no probability of-accused's conviction for any offence.
Judgment & Decree
Muhammad Yunis Theheem for Petitioner. This is a petition under section 417(2), Cr.P.C. for special leave to appeal against the order, dated 21-7-1996 passed by the learned Sub-Divisional Magistrate, Kulachi, acquitting Saifu-ur-Rehman and six others named in the heading of appeal as respondents from the charges under section 447/290, P.P.C.
2. Brief facts of the case are that complainant Abdullah Jan had filed a complaint under section 447/290, P.P.C. against the accused/respondents in the Court of learned S.D.M., Kulachi to the effect that accused/respondents had trespassed in the street owned and possessed by him by opening the doors of their houses in the street.
3. After observing all the required formalities, evidence on behalf of the complainant recorded, which consisted of four witnesses including the complainant.
4. The learned trial Court after the close of the complainant's evidence in his presence heard the arguments of the respondent's counsel on the application made by him under section 249-A, Cr.P.C.
5. The learned Sub-Divisional Magistrate acquitted the accused/respondents under section 249-A-, Cr.P.C. by holding that not a single witness produced by the complainant has supported his version beyond any shadow of doubt and, therefore, there is no probability of conviction of the accused/respondents.
6. On going through the evidence, I find that the complainant has not produced any documentary evidence in support of his claim that the street in dispute is owned and possessed by him, rather all the witnesses produced by the complainant have stated that the street was also being used by the accused/respondents.
7. As the arguments on application under section 249-A, Cr.P.C. were addressed by the counsel of the respondents in presence of the complainant, therefore, it could be safely gathered from the circumstances that complainant was in the knowledge of the application under section 249-A, Cr.P.C. and the arguments addressed thereon.
8. Section 249-A, Cr.P.C. empowers Magistrate to acquit accused at any stage of proceeding after hearing the Prosecutor/complainant and accused and for reasons to be recorded, if he considers charge to be groundless or there being no probability of accused's conviction for any offence.
9. There is thus hardly any substance in this application for leave to appeal, which is accordingly dismissed in limine. N.H.Q./2104/P Leave refused.