Law:

Section:

Penal Code (XLV of 1860)--- ----S. 406---Criminal Procedure Code (V of 1898), Ss.249-A & 265-K---Criminal breach of trust---Acquittal without recording of evidence---Double presumption of innocence--- Documentary evidence---Complainant was aggrieved of acquittal of accused by Trial Court just after framing of charge and without recording of any evidence---Plea raised by complainant was that Trial Court acquitted the accused without deciding his application for placing documentary evidence on record---Validity---Charge was mainly hinged upon record but Trial Court instead of entertaining application of complainant or deciding the same in either way on its own merits, straightaway proceeded to acquit the accused--- Order of acquittal by Trial Court was transgression of authority and did not warrant exceptional treatment for want of exceptional circumstances---Acquittal in terms of S. 249-A, Cr.P.C. or for that matter S. 265-K, Cr.P.C. could not be equated with acquittal earned after full length trial and recording of evidence---Principle of double presumption of innocence was not attached to such order of acquittal---High Court set aside order of acquittal and remanded the case to Trial Court for proceeding in accordance with law---Appeal was allowed in circumstances. Muhammad Muslim and another v. Muhammad Iqbal and 2 others PLJ 2004 SC 2; Haji Sardar Khalid Saleem v. Muhammad Ashraf and others 2006 SCMR 1192 and Seema Fareed and others v. The State and another 2008 SCMR 839 ref. The State through Advocate General, Sindh High Court of Karachi v. Raja Abdul Rehman 2005 SCMR 1544 rel. THIS JUDGMENT DELIVERED BY: GHULAM AZAM QAMBRANI, JUSTICE:---.---This appeal has been directed against the order dated 19.04.2019 passed by the learned Judicial Magistrate Section 30-West, Islamabad, whereby the accused/ respondent No.2 (hereinafter be called as respondent) was acquitted under section 249-A, Cr.P.C. 2. Briefly a case was registered against the respondent vide FIR No.632, dated 25.09.2011 under sections 406, 34, P.P.C. with Police Station Shalimar, District Islamabad, on the written application of the appellant Ehtasham ul Haq with the assertion that he is Chief…

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