Law: Criminal Laws Reform Ordinance, 2002

Section: 249-A

Law: Penal Code (XLV of 1860)

Section: 409,468,471

Law: Criminal Procedure Code (V of 1898)

Section: 435,439

(a) Criminal Procedure Code (V of 1898)--- ----S. 249-A---Penal Code (XLV of 1860), Ss. 409, 468 & 471---Power of magistrate to acquit accused at any stage---Factual dispute requiring evidence---Submission of final challan---Scope---Accused assailed the dismissal of their application under S. 249-A, Cr.P.C.---Accused had allegedly opened a Bank account in complainant's name in collusion with the Branch Manager---Validity---Opening of the bank account in the name of complainant was not disputed---Contention of accused was that it was opened with consent of complainant in order to avoid payment of bhatta to unscrupulous elements---Complainant had controverted the stance taken by accused---Factual dispute between the parties required evidence---Accused had directly placed on record several documents without first placing them before the Trial Court---Trial Court had not undertaken exhaustive analysis of said documents and had only considered the interim challan---High Court while dismissing the petition observed that since the final challan had been submitted and the trial was ripe for commencement, therefore, accused could repeat such an application for its appreciation afresh before said Court. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 435 & 439---Power to call for records of subordinate court---Revisional jurisdiction of High Court---Scope---Placing documents directly before revisional court---Scope---Consideration of documents directly filed before revisional court, without first being placed them before Trial Court, is beyond the scope of revisional jurisdiction. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 435 & 439---Power to call for records of subordinate court---Revisional jurisdiction of High Court---Scope---Scope of revisional jurisdiction is limited to correctness, legality, regularity or propriety of the proceedings of the courts below rather than a full-fledged reappraisal of the evidence. THIS ORDER PASSED BY: ABDUL MOBEEN LAKHO, JUSTICE:---.--- The instant Criminal Revision Application is directed against the order dated 22-04-2017 passed by the learned Special Judge [Offences in Banks] Sindh, at Karachi, in Case No. 07…

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