Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 265-K, 417(1) & 492--Appeal against acquittal order function of being public prosecutor--No construction except ex-officio nominee construction can be permitted--Validity--No illegality or infirmity was committed while accepting the application of accused for their acquittal and dismissal of case under Section 265-K of Cr.P.C.--As the appeal in hand is being decided on the sole point of competency, hence, there is no need to pass an order against accused separately--Appeal was neither presented before High Court by Public Prosecutor nor by a person wholly authorized with powers for purpose as enshrined by Section 417 of Cr.P.C.--Appeal was dismissed. JUDGMENT Chaudhary Jahandad Khan, J.--The captioned criminal appeal has been filed against the order passed by the learned Sessions Judge,Kotli, on 31.08.2012 whereby the accused-respondents were acquitted from charges levelled against them while accepting the application under Section 265-K of Cr.P.C. 2. Synthesized facts forming the scenario of the instant appeal are that on 13.08.2011, complainant, P.I., Kotli, submitted a written report to P.D.S.P., against the accused/ respondents, alleging therein that he was present before the Tehsil Court of Criminal Jurisdiction, Kotli, for prosecution of the cases then Ghazanfar Ali Head Constable/Reader informed him that a Pathan accused who was required in a murder case fled away upon which he tentatively enquired the matter from Officer In-charge guard Khalid Hussain S.I., Reserve along-with others who were deployed as guard duty, inspected the bathroom of Pakhshi Khana (temporary judicial lockup) and also tentatively investigated from the accused persons who were present there. After enquiring the matter, it was found that today i.e. 13.08.2011, Khalid Hussain S.I. Reserve along-with Mohammad Anwar No. 222, Mohammad Farooq No. 365, Mohammad Mahroof No. 132, Farooq No. 331, Mohammad Nisar No. 271, Mir ZamanNo. 230, Mohammad Azam No. 41, Mohammad Amin No. 290, Mohammad Ayub No. 49, Constables, Rasheeda Bibi Lady Constable was deployed as guard, communication, for production of accused persons namely Mohammad Noor…

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