Case Details

Citation(s)
2011 SLG 6638 2011 SLD 6638 2011 PCRLJ 1470
Sindh High Court
Criminal Miscellaneous Application No. S-26 of 2011, decided on 4th March, 2011.
Before Nisar Muhammad Shaikh, J
Syed Kamran Ali for Applicants. Zulfiqar Ali Rajput, Standing Counsel waived the notice for the State.

ABDUL SATTAR and 5 others---Applicants

VS

THE STATE through Shamsuddin Junejo, Inspector FIA, Crime Circle, Hyderabad---Respondent

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 249-A & 561-A---Rejection' of application filed under S.249-A, Cr.P.C. for acquittal of accused---Applicants had alleged that Trial Court had rejected their said application without considering a single ground out of total 24 grounds taken by him in his application and that challan of the case was submitted before the Trial Court in the year 2001 and since then applicants were attending the court from far-off places, but not a single witness had been examined by the prosecution---Counsel for applicants had submitted that applicants would be satisfied, if the Trial Court was directed either to record the evidence of prosecution witnesses within a short period or to decide the application under S.249-A, Cr.P.C. on merits---Trial Court was directed by High Court to record and conclude the prosecution evidence within a period of six months from receipt of the order; and in case such evidence was not concluded within the stipulated period applicants would be at liberty to repeat the application under S.249-A, Cr.P.C., which would be decided by the Trial Court in accordance with law. ORDER NISAR MUHAMMAD SHAIKH, JUSTICE:---.--- The learned counsel for the applicants submits that the application under section 249-A, Cr.P.C. was moved on behalf of the applicants for their acquittal but the learned trial Court rejected such application vide its order dated 7-10-2009 without considering any single ground out of total 24 grounds which were taken by the applicants in their application under section 249-A, Cr.P.C. The learned counsel further submits that the challan of the case was submitted before the learned trial Court in the year 2001 and since then the applicants are attending the court from far-off places including Lahore, Mirpur Mathelo,…
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