Law: Code of Criminal Procedure (CrPC), 1898

Section: 561-A, 173, 249-A, 417, 439

Law: Pakistan Penal Code, 1860

Section: 354A, 376, 376A, 377, 377B

Order

Through this petition filed under section 561-A Cr.P.C. the petitioners have assailed the vires of the order dated 08.06.2024 passed by the learned Additional Sessions Judge, Jalalpur Pirwala, District Multan.
2.    The brief facts of the case leading to the filing of the instant petition are that the petitioners were named as accused in the case F.I.R. No.761 of 2021 registered at Police Station Jalalpur Pirwala, District Multan on the information of the respondent No.2 and after the investigation of the case, the report under section 173 Cr.P.C. was submitted and the petitioners were summoned to face the trial of the case and the learned trial court framed the charge against the accused on 15.11.2022 to which they pleaded not guilty and claimed trial, however, on 28.10.2023 the petitioners submitted an application under section 249-A Cr.P.C. seeking their acquittal from the charge as framed against them and the

learned Magistrate Jalalpur Pirwala on the same day allowed the said application and directed the acquittal of the petitioners from the charge framed against them which order was assailed by the respondent No.2 by way of filing a criminal revision petition which criminal revision petition was allowed by the learned Additional Sessions Judge, Jalalpur Pirwala vide his order dated 08.06.2024 with a direction to the learned trial Court to retry the petitioners.
3.    The learned counsel for the petitioners submitted that the order dated 08.06.2024 passed by the learned Additional Sessions Judge, Jalalpur Pirwala was violative of the provisions of section 417 and 439 sub-section (5) Cr.P.C., therefore, was not sustainable.
4.    The learned Additional Prosecutor General submitted that the learned Additional Sessions Judge had no authority under the law to have passed the impugned order.
5.    The learned counsel for the respondent No.2 submitted that as no evidence has been recorded till the order was passed by the learned Magistrate, therefore, the correct procedure was followed by the learned Additional Sessions Judge while passing the impugned order.
6.    I have heard the learned counsel for the petitioner, the learned counsel for the respondent No.2, the learned Additional Prosecutor General and perused the record with their able assistance.
7.    A perusal of the record reveals that the petitioners were named as accused in the case F.I.R. No.761 of 2021 registered at Police Station Jalalpur Pirwala, District Multan on the information of the respondent No.2 and after the investigation of the case, the report under

section 173 Cr.P.C. was submitted and the petitioners were summoned to face the trial of the case and the learned trial court framed the charge against the accused on 15.11.2022 to which they pleaded not guilty and claimed trial, however, on 28.10.2023 the petitioners submitted an application under section 249-A Cr.P.C. seeking their acquittal from the charge as framed against them and the learned Magistrate Jalalpur Pirwala on the same day allowed the said application and directed the acquittal of the petitioners from the charge framed against them which order was assailed by the respondent No.2 by way of filing a criminal revision petition which criminal revision petition was allowed by the learned Additional Sessions Judge, Jalalpur Pirwala vide his order dated 08.06.2024 with a direction to the learned trial Court to retry the petitioners. The provisions of the law with regard to the acquittal of an accused during the trial held by a Magistrate are very clear in their meaning. It has been provided under section 417 Cr.P.C., that if an accused is acquitted in a case, a person aggrieved by the order of acquittal passed by any court other than a High Court may within 30 days file an appeal against such order and the Public Prosecutor may also present an appeal to the High Court from the order of acquittal passed by any court other than a High Court. The provisions of section 417 Cr.P.C read as under:-
“4l7. Appeal in case of acquittal.

(1)    Subject to the provisions of subsection (4), the Provincial Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court.
(2)    If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.