Law: Criminal Procedure Code (V of 1898)

Section: 249-A

(a) Criminal Procedure Code (V of 1898)--- ----S. 249-A---Power of Magistrate to acquit accused at any stage---Second FIR---Civil and criminal proceedings---Scope---Accused assails dismissal of his application under S. 249-A, Cr.P.C.---Counsel for accused contended that the instant FIR was replica of earlier FIR, which was quashed by the High Court; that second FIR on same facts was barred under the law; that civil proceedings between the parties were also pending; that both civil and criminal proceedings could not go side by side and requests for stay of criminal proceedings till the decision of civil litigation by declaring that criminal proceedings were dependent upon the outcome of civil litigation---Second FIR was based on entirely different facts and premise---Even the nature of documents was different; therefore, it could not be termed as replica or verbatim of earlier FIR---Second FIR was proceed-able under the law---Question of inheritance was pending before the civil court, if the proof failed, party would lose the inheritance, would be deprived of the property and nothing more---Even after a criminal trial, a civil action on the same cause of action was not barred; neither principle of res judicata was applied nor question of autrefois acquit, autrefois convict (previously acquitted and previously convicted), arises---Order passed by Trial Court on application of accused was well reasoned and based on established principles of law---Criminal revision being devoid of merit was dismissed accordingly.   Rana Saeed Ullah v. Inspector General of Police 2013 YLR 2513; Shah Fahad and others v. The State 2014 YLR 2241 and Muhammad Anwar Khan v. Ghulam Farid 2014 YLR 2244 distinguished. Muhammad Shafi v. Deputy Superintendent of Police and others PLD 1992 Lah. 178 ref. (b) Administration of justice--- ----Civil and criminal proceedings---Scope---Disciplinary and criminal proceedings can go side by side and there is no bar for their simultaneous prosecution. Seema Fareed and others v. The State and another 2008 SCMR 839; Haji Sardar Khalid Saleem v. Muhammad Ashraf and others 2006 SCMR 1192; Rafique Bibi v. Muhammad Sharif and others 2006 SCMR 512; M.…

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