Law:

Section:

Natural Justice-- ----Principle of--Application--Principle of natural justice has to be applied strictly in all kinds of proceedings and any departuretherefrom would render illegal the subsequent actions. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 249-A and 265-K--Power of acquittal--Trial Court may acquit the accused at any stage after hearing the prosecutor and accused and for reasons to be recorded. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 265-K--Competency of trial Court to exercise jurisdiction--Accused can invoke jurisdiction u/S. 249-A or Section 265-K, as the case may be, after he has been summoned to face trial. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 120--Criminal Conspiracy--Essence of--There must be an agreement between two or more persons to do or cause to be done an illegal act or doing of an act which is not illegal by illegal means. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 43--Illegal--Definition--The term "which furnishes ground for Civil action" means a breach of contract and not merely a tort--The breach of contract, however, must be one which furnishes a ground of Civil action. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 4--Complaint--Definition of--Adjudication by a Court--A Court must ascertain whether it has jurisdiction to entertain the complaint or whether commission of an offence has been disclosed or not--Adjudication can be done only if the controversy istriable. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Penal statutes, nature of--Penal statutes are by nature definite, clear and certain so that no capricious act against any person is allowed to be taken. Interpretation of Statutes-- ----Nothing should be deemed to be a part of any provision unless words indicate clearly--Petition for leave of appeal dismissed. THIS JUDGMENT DELIVERED BY: SYED AFZAL HAIDER, J.- This is a Petition for Special Leave to Appeal moved by Mst. Sadia Javed to challenge the order dated 29.09.2004 passed by learned Additional Sessions Judge-IV Dera Ismail Khan whereby her complaint, initiated under Section 120-B of Pakistan Penal Code, was dismissed with the consequence that Shahid Khan Khakwani, Abdul Qayyum…

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