Law: Pakistan Penal Code (PPC),1860

Section: 302, 34, 109

Law: Code of Criminal Procedure (CrPC), 1898

Section:

Background:

• After investigation, challan under Section 173 Cr.P.C. was submitted.
• Accused (including petitioner) were indicted on 28.06.2024 under Chapter XXII-A Cr.P.C.
• Case was fixed for prosecution evidence.
• No witness appeared for months.
• Complainant filed an application seeking “sine die” adjournment until a proclaimed offender (Khalid) is arrested.
• The Trial Court accepted the application and adjourned the trial sine die (without fixing a next date).

✅ CORE ISSUE:

• Can a Sessions Court adjourn a criminal trial sine die (indefinitely) under Section 344 Cr.P.C. or Section 249 Cr.P.C.?

🧾 COURT’S FINDINGS

1. “Sine die” adjournment is illegal in Sessions trials

• “Sine die” means without a day fixed to resume.
• Section 344 Cr.P.C. requires adjournments “from time to time”.
  → Sessions Court cannot adjourn indefinitely.

Held: The complainant’s application was misconceived, and the Trial Court acted illegally.

2. Section 249 Cr.P.C. does NOT apply to Sessions trials

• Section 249 applies only to Magistrates (Chapter XX).
• Sessions trials are governed by Chapter XXII-A (Sections 265-A to 265-N).
• There is no equivalent power for Sessions Courts to stop proceedings or adjourn sine die.

3. Proper course: Record evidence under Section 512 Cr.P.C.

Where an accused has absconded (PO):

• Under Section 512 Cr.P.C., the court can record evidence in the absence of an absconder, to preserve testimony.

Conditions: