Law:

Section:

Criminal Procedure Code (V of 1898)-------Ss. 417 & 249-A---Penal Code (XLV of 1860), Ss.420/468/471/109­--Appeal against acquittal ---Application filed by accused under S.249-A, Cr.P.C. for their acquittal was dismissed by Trial Court, but Appellate Court on filing revision, acquitted accused under S.249-A, Cr.P.C.--­Previously, father of complainant had got a criminal case registered against acquitted accused under the same provision of P.P.C., but after due investigation case having been found false and baseless, accused were discharged from the case---After discharge from earlier case, complainant who was son of the complainant -in earlier case and was living with his father, got the present case registered against accused persons against whom earlier case was discharged, on same set of facts and against same set of accused persons--Dispute between parties was with regard to legitimacy of a child about which civil cases were pending adjudication, before civil Courts which would be decided by Courts of competent jurisdiction after recording evidence and same could not be decided by criminal Courts---Accused had suffered the agony of protracted trial since 1995 when first case was got registered against them by father of complainant and it could not be hoped that present case would be concluded in near future---Outcome of civil proceedings pending in civil Courts between parties, would be the basis of, criminal proceedings---If Civil Court would come to the conclusion that document with regard to birth of child was forged and that on the basis of said document, mutation of inheritance had been manoeuvred, then even Civil Court could order registration of case against person responsible for commission of any offence---Appellant had failed to point out any illegality or infirmity in order passed by Appellate Court whereby accused were acquitted under S.249-A, Cr.P.C.---In absence of any perversity of reasoning in the order of Appellate Court below, same, could not be interfered with by High Court. Baha-ud-Din v. Mehr Ahmad Raza. Additional Sessions Judge Jhang PLD 1993 SC 399 ref. ORDER This is an appeal against the order; dated 13-6-2003 passed by the…

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