Law: Constitution of Pakistan, 1973

Section: 13(a)

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

Law: Criminal Procedure Code (V of 1898)

Section: 403,561-A

(a) Constitution of Pakistan--- ----Art. 13(a)--- Principle of protection against double punishment/ double jeopardy---Applicability---Principle enrshrinded in Art. 13(a) of the Constitution "that no person shall be punished for the same offence more than once", was applicable only if the accused was convicted and punished---Second prosecution was not prohibited in case of acquittal. (b) Criminal Procedure Code (V of 1898)--- ----S. 403---"Person once convicted or acquitted not to be tried for same offence"---Scope---Section 403, Cr.P.C. prohibited second trial for an offence during course of existence of conviction or acquittal of a person, as the case may be, in consequence of final adjudication. (c) Khyber Pakhtunkhwa Arms Act (XXIII of 2013)--- ----S. 15---Criminal Procedure Code (V of 1898), Ss. 403 & 561-A---Inherent powers of court/quashment proceedings---Double jeopardy---Unlicensed possession of pistol---Accused was tried and acquitted under Ss. 302/324/109/34, P.P.C. but not under S. 15 of Khyber Pakhtunkhwa Arms Act, 2013---Held, that accused might not be punished for same offence twice---In the presence case, accused was tried and acquitted under Ss. 302/324/109/34, P.P.C. and sending his trial before Judicial Magistrate under S. 15, Khyber Pakhtunkhwa Arms Act, 2013 was in accordance with law---Offences for which accused was acquitted, were independent, and proceedings under S. 15 of Khyber Pakhtunkhwa Arms Act, 2013 had no nexus with offences under the Penal Code, 1860---Petition under S. 561-A was dismissed accordingly. THIS JUDGMENT DELIVERED BY: IKRAMULLAH KHAN, JUSTICE:---.--- Through the instant petition, filed under section 561-A, Cr.P.C. the petitioner namely, Aqeel Khan, seeks quashment of proceedings pending before the learned Judicial Magistrate Dassu under section 15 of the Khyber Pakhtunkhwa Arms Act, 2013. 2. Brief facts leading to the instant petition are that Arshad Khan lodged a report against the petitioner and his co-accused vide FIR No.125 dated 11.07.2014 under sections 302/324/109, P.P.C. registered at Police Station Komila District Kohistan wherein, the petitioner, along with his co-accused namely, Hijab, was arrested and…

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