Acquittal from charge
Acquittal from charge legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
During pendency of complaint, accused sought their acquittal from the charge but application under 5.249-A read with S.265-K, Cr.P.C. was dismissed
Validity
While dismissing the application, Trial Court failed to consider whether charge was groundless or whether there was no probability of accused being convicted of any offence
Trial Court also failed to appreciate material available on record and decided application in a manner which was contrary to the spirit and scope of 5.249-A, Cr.P.C. and or 5.265-K, Cr. P. C.
High Court set aside the order passed by Trial Court and remanded the matter for decision of application afresh
Application was allowed in circumstances.
"Acquittal from charge", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124938102
Precedents & Case Laws citing "Acquittal from charge"
1985 P Cr
Mst. HAMIDA and another Petitioners Versus MAKHEY KHAN and others Respondents
Court: Lahore1992 P L C (C
WATER AND POWER DEVELOPMENT AUTHORITY Versus GHULAM FARID
Court: Supreme Court of PakistanP L D 1989 Supreme Court 747
TAJAMMAL HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent
Court: Shariat Appellate Bench1985 S C M R 1026
MUHAMMAD AKRAM‑‑Petitioner Versus GHULAM HITSSAIN and others‑‑Respondents
Court: High CourtP L D 1985 Lahore 634
THE STATE-Petitioner Versus ASHIQ MUHAMMAD AND others Respondents
Court:2018 M L D 450
GHULAM HIADER — Appellant Versus The STATE — Respondent
Court: SindhP L D 1977 Supreme Court 508
NOOR MUHAMMAD-Petitioner Versus THE STATE-Respondent
Court: --Ss. 302 & 304 (1) read with Constitution of Pakistan (1973), Art, 1911--Murder-case-Leave to appeal-Benefit of doubt-Co-accused given benefit of doubt and acquitted by lower Court a first cousin of convicted accused, hence sharing motive for avenging murder of accused's father-Use of two types of weapons (fire-arm and chhuri) Establishing number of assailants as two-Case one of broad daylight occurrence no question of mistaken identity or false substitution arising-Charge against co-accused supported by ocular testimony of three witnesses-Even on view of case falling under S. 304 (1) acquittal of co-accused, held, wholly unwarranted-Acquittal of co-accused however having not been challenged, matter ended at that.-Benefit of doubt-Leave to appeal.1989 C L C 1880
Syed MASOOD AHMAD‑‑Petitioner Versus ISLAMIC REPUBLIC OF PAKISTAN and 3 others‑‑Respondents
Court: Karachi1985 M L D 843
MUKHTAR AHMAD and 3 others — Petitioners Versus THE STATE — Respondent
Court: Lahore