Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 380, 448 & 411---Criminal Procedure Code (V of 1898), S. 250---Theft, house trespass and recovery of stolen property---Compensation, imposition of---Trial Court acquitted accused persons of the charge and directed complainant to pay compensation to them---Appeal against compensation was dismissed by Lower Appellate Court on the ground that appeal against acquittal was pending before High Court---Validity---Order of acquittal and order for payment of compensation by complainant were two separate orders although out of the same proceedings but were appealable through separate appeals before different forums---Proceedings of one appeal should not affect the other appeal---If against an order/ two remedies were provided under law, then the person concerned to avail the remedies, could approach proper forums which were to decide matters, independently, without being influenced or prejudiced by proceedings pending before other forum---Lower Appellate Court had wrongly dismissed appeal against compensation on the ground that appeal against acquittal was pending before High Court---Said court at the most could have adjourned the appeal sine die---High Court set aside the order passed by Lower Appellate Court and remanded the appeal for decision afresh---Revision was allowed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, JUSTICE:---.--- This revision petition calls in question the judgments dated 01.03.2014 and 26.01.2017, respectively passed by the learned Magistrate Section-30 and learned Additional Sessions Judge, Talagang, District Chakwal. 2. Through the former judgment, in case FIR No. 28, dated 11.04.2011, registered under sections 380/448/411, P.P.C., at Police Station Lawa, District Chakwal, the respondents Nos. 1 to 4 (hereinafter referred to as the respondents) were acquitted of the charge, with a direction to the petitioner (complainant), to pay a sum of Rs.25,000/-, as compensation, under section 250, Cr.P.C., to the respondents. Whereas, through the lateral judgment, an appeal preferred by the petitioner, challenging the above said compensation has been turned down, on the sole ground, that…

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