2010 PLP 1595 (MLD)
GHULAM MUHAMMAD — Applicant Versus THE STATE — Respondent
| Citation | 2010 PLP 1595 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | GHULAM MUHAMMAD — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 1595 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 1595 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 1595 (MLD) (GHULAM MUHAMMAD — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 249-A, 265-K & 561-A
Penal Code (XLV of 1860), Ss.337-H(ii)/447/506-B/511/147/148/149
Hurt by rash or negligent act, criminal trespass, criminal intimidation
Quashing of orders, application for
Application filed by the petitioner/accused for his acquittal had finally been dismissed
Trial Court was competent to acquit accused at any stage, if the charge against him was groundless, but in the present case Trial Court was directed by the Re visional Court to conclude the trial within 2 months by giving chance to the complainant to produce the witnesses
Order passed by the Re visional Court, in circumstances, was proper as every one could be given chance to produce his evidence in support of his case
Filing application under Ss.249-A, Cr.P.C. and 265-K, Cr.P.C. for the acquittal of accused on the ground that the charge was groundless on the basis of material collected by the Police during the investigation, was actually shortcut method
Complaint was dismissed.
Judgment & Decree
GHULAM SARWAR KORAI, J.
F.I.R. in Crime No. 209 of 2006 for the offence under sections 147/148/149/511/506-B/447/ 337-H(2), P.P.C. was registered at Police Station Sachal, Karachi. The case is pending in the Court of learned Vth Judicial Magistrate (Malir) Karachi, therein Application under section 249-A, Cr.P.C. was filed but the same was dismissed. That order was challenged in the Criminal Revision Application before learned 1st Additional Sessions Judge, (Malir) Karachi and Criminal Revision Application was dismissed on 22-10-2009 by directing the trial Court to decide the matter within 2 months and those orders are impugned before this Court in the present Criminal Miscellaneous Application. Admittedly, trial Court is competent to acquit the accused at any stage, if the charge is groundless but in the present case trial Court was directed by the Revision Court to conclude the trial within 2 months by giving chance to the complainant to produce the witnesses, thus the order passed by the Revisional Court is proper as every one may be given chance to produce their evidence in support of their case and filing application under sections 249-A, Cr.P.C. and 265-K, Cr.P.C. for the acquittal of the accused on the ground that the charge is groundless on the basis of material collected by the police during the investigation is actually shortcut method, therefore, I find no merits in the Criminal Miscellaneous Application, consequently this Criminal Miscellaneous Application is dismissed. H.B.T./G-27/K Application dismissed.