Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss.249-A & 417(2-A)---Appeal against acquittal---Magistrate had based acquittal of accused person on the ground that prosecution had failed to procure attendance of prosecution witnesses though several opportunities were given to it---Validity---Section 249-A, Cr.P.C. empowered the Magistrate to acquit accused at any stage of the case, if the charge was groundless; there was no probability of accused being convicted of any offence and for such acquittal, he would record reasons---Trial Court could have taken coercive measures for procuring the attendance of the witnesses, but Magistrate instead of issuing coercive process, acquitted accused person---Impugned order being not sustainable in law, was set aside and case was remanded to the Trial Court with directions to proceed with the case, and decide the same in accordance with law. The State v. Muhammad Afzal and another 2000 MLD 220 and Muhammad Younus Lakhani v. The State and another PLD 2006 Kar. 198 ref. ORDER AFTAB AHMED GORAR, J.---The appellant Muhammad Abid has assailed the order dated 17-11-2012 passed by learned Ist Judicial Magistrate Kotri passed in Crl. case No.337 of 2011, whereby he has acquitted the respondents Nos.1 to 3 from the charge under section 249-A, Cr.P.C. Learned counsel for the appellant mainly contended that the impugned order suffers from legal infirmity. He further contended that object of section 249-A, Cr.P.C. is that if the charge is groundless and there is no probability of the accused being convicted, the learned trial Court can acquit the accused whereas in the present case, the learned Magistrate has acquitted the accused on the ground that prosecution has failed to produce evidence. Learned counsel added that the learned trial Court could have taken coercive steps to procure attendance of the P.Ws rather to acquit the accused. He prayed for setting aside the impugned order and for remand of the case to the learned trial Court to decide the same afresh in accordance with law. In support of his contention he has relied upon the case of The State v. Muhammad Afzal and another (2000 MLD 220) and Muhammad Younus Lakhani v. The…

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