Law: Criminal Procedure Code (V of 1898)

Section: 417(2), 247, 249

Criminal Procedure Code (V of 1898) Ss. 417 (2), 247 & 249-A--Appeal against acquittal-Orders of trial Court showing case at no stage having been set down for evi dence-Second proviso to S. 247, Ct. P. C. not empowering Magistrate to acquit respondents merely for absence of petitioner and application of S. 249-A, Cr. P. C. being erroneous-Statement of petitioner and preliminary, evidence making out a prima facie case against respondents-Case having not dragged on for number of hearings due to non-production of evidence by petitioner, not possi ble to say petitioner having had no evidence in support or not interested in prosecution of respondents-Acquittal of respondents, held, erroneous and case remanded back to Magistrate for trial from point at which he acquitted respondents.-[Appeal against acquittal-Remand of case]. Date of hearing : 26th September, 1979                                                                                                                    JUDGMENT This is a petition under section 417 (2), Cr. P. C. for Special leave to Appeal against the order dated 14th July, 1979 passed by Ch. Akbar Ali, Magistrate Section 30, Sahiwal Camp at Okara acquitting Amir and others, respondents Nos. 1 to 5, of the charges under sections 366;376, 148.' 149, P. P. C. 2. The brief facts of the case are that Mst. Zulekha petitioner filed a complaint an 20th January, 1979 under sections 366/376, 379/452, 148/149, 342, P. P. C. against Amir and four others respondents I to 5 in the Court of Magistrate Section 30, Okara. After the statement of the complainant and the preliminary evidence was recorded, the Magistrate on 11th Febru ary, 1979 summoned the respondents 1 to 5 to face trial under sections 366/376, 452, 148/149, P. P. C. The formal charge against the said respon dents was framed on 7th March, 1979 and the case was adjourned to 18th April, 1979 for…