Law: Criminal Procedure Code (V of 1898)

Section: 366, 367, 350, 561

(On appeal from the judgment and order of the former High Court of West Pakistan, Karachi Bench, Karachi, dated the 16th August 1968, in Criminal Misc. No. 232 of 1967). Criminal Procedure Code (V of 1898), Ss. 366, 367, 350 & 561-A-Magistrate J announcing acquittal of accused but died without writing any judgment-Oral acquittal of accused, held, a nullity in circumstance and case still pending-High Court, in application under S. 561-A by complainant refusing to interfere with order of acquittal and directing complainant to seek remedy provided under S. 350-Proper course for High Court, held, was it direct trial Court to conclude trial in accordance with law. Ghulam Muhammad v. Muzammal Khan and others P L E 1967 S C 317. Date of hearing : 8th February 1972. JUDGMENT SAJJAD AHMAD, J.-This appeal, by special leave, has been brought in the following circumstances The respondent, Qamar Ali was prosecuted on a police challan under section 324, P. P. C. in the Court of the Sub- Divisional Magistrate, Old Town, Karachi, on the charge that he had caused incised injuries to the appellant Mehboob Ali, on the 11th of January 1967. The case was first tried by Mr. Azizuddin Ahmad, S. D. M., who recorded the evidence of some of the prosecution witnesses, but died thereafter. Mr. Aziz uddin Ahmad was succeeded by Mr. Jamaluddin Jumani, who concluded the evidence and also heard argument on the 28th of June 1967. On the 30th of June 1967, Mr. Jumani, without having written out his judgment in the case, announced the acquittal of the respondent. He also died a few days later, with the result that although the respondent was acquitted by him orally, there was no written judgment on record, as required by law. The appellant took the matter to the High Court by a petition under section 561-A, Cr. P. C. for quashment of the oral order of the Magistrate, whereby he had pronounced the acquittal of the respondent, so that the respondent could be freshly tried. A learned Single Judge in the High Court held that the order of acquittal purported to have been announced by the late Mr. Jumani on the 30th of June 1967, was not a valid order in law. In fact, no such order was in…