Application Under Section 249-A Cr.PC.

IN  THE  COURT  OF  …  JUDICIAL  MAGISTRATE KARACHI  …..

Case No.185/2002.

The STATE                             VERSUS                            Abdullah S/o. Zakar

APPLICATION U/S. 249-A CRPC

On behalf of the Accused, abovenamed, it is prayed that this Hon’ble Court may be pleased to stop the proceedings under Section 249-A Cr.PC.

BRIEF FACTS

            It was alleged on _____, the complainant alongwith Police Party of P.S ________, was on patrolling when he reached at _______, he received spy information about the accused and reached on the pointed place and found the accused person present there and he arrested and recovered on Pistol in the presence of mashirs.

                        A case was registered on investigation was conducted and after due completion of investigation and Challan was submitted in the court of law against the accused person to face the trial.

GROUNDS

1.)               That the processes were issued viz: Summons/Warrants through SSP/TPO under compliance of Section 72 of Cr.PC, but Prosecution did not produce the witness against the accused to prove the Charge.

2.)               That the Accused person regularly attended this Hon’ble Court for last 28 hearings and as such lost physically/financially enough which is itself a punishment on the part by way of attending the court.

3.)               That the Prosecution is duty bound to produce the P.Ws and brought evidence on record against the accused for which is miserably failed to bring any material on record against the accused person in this case.

4.)               That from the perusal of the case file it reveals that this Hon’ble Court has made utmost possible efforts to secure the evidence against the Accused, but in vain.

5.)               That the Accused has attended court and delay is caused on part of Prosecution, it seems that Charge is groundless or there is no probability of the conviction of the Accused if it is proceeded further and keeping the case pending without any evidence and repeating of the process of the Court is nothing but abuse of the process of the Court of the law. And relied upon case law reported in Pakistan Criminal Law Journal 1977, Lahore, page 461 in case it was held by the Hon’ble High Court that on 16 adjournments the Prosecution failed to produce the P.Ws and record the evidence, the proceeding was quashed.

                       Under Circumstances mentioned above this Hon’ble Court may be pleased to stop the proceedings under Section 249-A Cr.PC.

                Prayed accordingly in the interest of justice.

Karachi.

Dated:23/05/2002.                                  

Advocate For the Accused/Applicant.