Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A),169,249-A,439

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13-D

Criminal Procedure Code (V of 1898)     Ss. 417(2 A), 169, 249 A 439 West Pakistan Arms Ordinance (XX of 1965), S.13 D Appeal against acquittal converted into revision petition Appellant neither in his capacity as an informant nor in his capacity as an Investigating Officer was an aggrieved person as envisaged by S.417(2 A), Cr.P.C. and he, therefore, was not legally authorized to file the appeal against acquittal of accused by Trial Court which was incompetent ¬Question of validity of the impugned order having been brought to the knowledge of the High Court, said appeal was converted into revision under 5.439, .Cr.P.C. Report made by police recommending release of accused under S,169, Cr.P.C. having been once rejected by the Magistrate, could not have been made basis of his acquittal under S.249 A, Cr.P.C. Magistrate was also not legally authorized to decide the case on the basis of statements of witnesses recorded under S.161, Cr.P.C. Impugned order of acquittal being absolutely baseless was set aside and the case was remanded to Trial Court for a decision on merits on the basis of evidence to be recorded by the Court Revision petition was disposed of accordingly.   Shaukat Hussain Zubedi for Appellant.   Arshad Lodhi, A.A. G. for the State.   Kh. Sharful Islam for Respondent No.2.   hearing date: 3rd May, 2001. JUDGMENT On 22 11 1996, Sardar Muhammad Ismail, S.H.O., Taimoria Police Station, Karachi, lodged F.I.R. No.280 of 1996 about an offence under section 13 D, Arms Ordinance, allegedly committed by the present respondent No.2. The S.H.O. himself conducted the investigation and submitted charge sheet, on 28 I1 1996, before VI Judicial Magistrate, Karachi Capital. 2. On 3 12 1996, Muhammad Ashraf, S.H.O., North Nazimabad Police Station, filed a report before the trial Court, recommending release of the accused/respondent No.2, under section 169, Criminal Procedure Code. The Magistrate having charge of the trial Court rejected the prayer holding that according to law, guilt or innocence can only be determined after the evidence. Thereafter, the accused/respondent No.2, filed an application for acquittal under section 249…

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