Law: Criminal Procedure Code (V of 1898)

Section: 494(a)

Criminal Procedure Code (V of 1898)  S. 494 (a)-Withdrawal of prosecution-Discharge of' accused-Order of discharge of accused, even though not passed: on merits-Bars institution of fresh proceedings for same offence unless order set aside in appeal or revision. In the present case, although the order was not passed on merits as permission was granted to the Public Prosecutor to withdraw from the prosecution but it will be an abuse, of the process of the Court if in such a case fresh proceedings on to same facts are allowed to be initiated. Law aims at finality of the proceedings and once those proceedings come to an end in accordance with law no fresh proceedings can be allowed unless set aside in appeal or revision, whatever the case may be. The order of discharge passed in this case held the field for full one year and, therefore, it was not possible to conceive of a situation that fresh proceedings could be started after such a long time. Date of hearing: 7th May 1970.   JUDGMENT These are the references by the learned Additional Sessions Judges, Karachi, for the quashment of the proceedings arising out of the same case. In this case the first report was lodged with the police on 17-12-1964 for an offence under sections 420 and 468, P. P. C. The respondents were challaned on 11-3-65. However, no progress was made till 8-2-66 when three witnesses appeared and out of them two were given up while one witness was examined and he did not support the prosecution. Thereafter no other witness appeared and finally on 15-8-66 an application was made by the Public Prosecutor under the instructions of the District Magistrate for the withdrawal of the case. Necessary permission was granted by the Magistrate trying the case and the respondents Were discharged under section 494(a), Cr. P. C. However, on 13th August 1967; i. e. after about a year a fresh challan on the same facts and allegations was presented. The respondents, aggrieved by this challan, filed two separate revision petitions in the Sessions Court. The learned Additional Sessions Judges who dealt with those revision petitions were of the view that the impugned order was not sustainable and the…