Law: Criminal Procedure Code (V of 1898)

Section: 265K,435,439,561A

Criminal Procedure Code (V of 1898)-------Ss. 265-K, 435, 439 & 561-A---Provision(s) of S. 265-K, Cr.P.C---Scope--Extra-ordinary circumstances---Application under S. 265-K of the Criminal Procedure Code, 1898, filed by the petitioner/accused was declined by the Trial Court; he assailed said dismissal order before the High Court---Record showed that Trial Court had already taken cognizance of the matter---Furthermore, as per progress report furnished by the Trial Court the "charge" in the case had also been framed on 28.11.2023 and the case was fixed for recording evidence, therefore, it would be appropriate that the case may proceed and evidence may be recorded---Criminal case should be allowed to be disposed of on merits after recording of prosecution evidence, whereas provisions of Ss.249-A, 265-K and 561-A, Cr.P.C., should not normally be pressed into action for deciding the fate of a criminal case---Case was pending in the Court of competent jurisdiction and it was for the Trial Court to decide the case after evaluating and appraising evidence and the prosecution should be given a chance to adduce its evidence--Frequent exercise of inherit jurisdiction contemplated under S.561-A, Cr.P.C., was deprecated by the Supreme Court---Application, was dismissed accordingly. A. Habib Ahmed v. M.K.G Scott Christian and 5 others PLD 1992 SC 353 rel.Date of hearing: 8th March, 2024.ORDERMUHAMMAD SALEEM JESSAR, J.---The applicant has challenged the order dated 14.11.2023 passed by the learned Additional Sessions Judge-II, Mehar, in Sessions Case No.149 of 2023, on the application filed by applicant/ accused Asghar Ali invoking provisions of Section 265-K Cr.P.C for his acquittal. It would be conducive and illustrative to reproduce the operative part thereof, hereunder:"It appears from the record that the cognizance of the offence punishable under Section 3 of the Illegal Dispossession Act was taken agaisnt the accused in respect of the property in question after completion of codal formalities vide order dated 27.02.2023. The charge has not yet been framed against the accused. while the contention so raised by the learned counsel for accused in support of application…