Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss.249-A & 417(2-A)---Penal Code (XLV of 1860), Ss. 161/343/337-A--­Prevention of Corruption Act (II of 1947), S.5(2)---Appeal, against acquittal-­Trial Court despite having recorded a finding about a prima facie case having been made out against the accused by the complainant in his direct complaint, d acquitted the accused under S.249-A, Cr.P.C. without recording any evidence---Trial Court under the special circumstances of the case 'was under a heavy duty to have afforded full opportunity to the complainant to prove his allegations and then to record a finding with proper reasons if the same stood proved or not and to draw a reasonable presumption against the accused by taking into consideration all necessary evidence whether the accused S.D.M. had acted in collusion with the S.H.O. of the police station while issuing the bailable warrant of arrest against the complainant---Burden lay on the accused S.D.M. to prove that he had all along discharged his official duties bona fide without any collusion with any body else in issuing the said warrants---Trial Court had not discussed even a single allegation made by the complainant or even a single document relied upon by him in the impugned order and such a slipshod order had also adversely affected its efficiency---Impugned order of acquittal. was set aside in circumstances and the case was remanded to Trial Court for fresh decision after affording full opportunities to both sides to produce their respective evidence. 1999 PCr.LJ -137; 1993 SCMR 523; 1998 SCMR 1840; 1999 PCr.LJ 921; 1999 MLD 577; 2000 PCr.LJ 1169; 2000 MLD 586; 2000 PCr.LJ 886; 1998 PCr.LJ 1030; Raja Haq Nawaz v. Muhammad Afzal PLD 1965 SC 354; Ikramullah Khan v. Muhammd Yousuf and 2 others 1984 PCr.LJ 354; 2000 PCr-LJ 752; Karachi Electric Supply Corporation v. Naseer Ahmed 1986 PCr.LJ 1684; Shaukat Ali v. Rana Muhammad Ishfaq and others 1992 ALD 243(1); 1999 MLD 2549; Malik Muhammad Ibrahim v. The State 1985 PCr.LJ 929; Muhammad Rafique v. Mst. Nasim Akhtar 1985 MLD 1048 and 1993 PCr.LJ 2380 ref. (b) Precedents------ ----Decision given in a precedent case would be available for reliance only to…

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