Law: Criminal Procedure Code (V of 1898)

Section: 265-K

Criminal Procedure Code (V of 1898)--- ----S. 265-K---Power of Court to acquit accused at any stage---Time of moving application---Scope---Accused assailed the dismissal of his application under S. 265-K on the ground that three of the co-accused persons having similar role were acquitted by the Trial Court but the application to his extent was dismissed for the reasons best known to the Presiding Officer of the Trial Court---Evidence of the prosecution witnesses had been recorded and the matter was fixed before the Trial Court for recording statement of accused in terms of S. 342, Cr.P.C.---Although there was no bar for an accused to file application for premature acquittal at any stage of the proceedings of the case yet the facts and circumstances of the prosecution would have to be kept in mind and considered in deciding the viability or feasibility of filing an application at any particular stage---Special or peculiar facts and circumstances of a prosecution case might not warrant filing of an application at a stage when the entire prosecution evidence had been recorded and the case was fixed for recording of statement of the accused under S. 342, Cr.P.C.---Constitutional petition was dismissed, in circumstances. 1994 SCMR 798; 2000 SCMR 122; 2002 SCMR 1076 and PLD 2008 Kar. 567 distinguished. State v. Abdul Rehman 2005 SCMR 1544 fol. ORDER AHMED ALI M. SHAIKH, C.J.---In instant Petition preferred under Article 199 of the Constitution, 1973 read with Section 561-A, Cr.P.C., the Petitioner impugned an order dated 01.09.2021 passed by the learned Presiding Officer, Banking Court No.III, Karachi in Criminal Complaint No.26 of 2014. 2. Briefly, facts as pleaded are that Messrs Pak Leather Crafts Limited (the ‘Company’), of which petitioner was one of the Directors, obtained Export Refinance Facility (the ‘Facility’) from Respondent No.1 and executed letter of pledge. It is averred that the Facility was subsequently renewed/ regularized. However, regarding dispute over repayment schedule, mark-up, etc the Respondent No.1 filed Suit No.43 of 2014 against the Company and its directors/guarantors before Banking Court No.IV, Karachi. Later, the Respondent No.1 also…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492