Law:

Section:

(a) Constitution of Pakistan (1973r--- Art. 185(3)-Penal Code (XLV of 1860), S. 427/447 & 95-Acquittal of accused by Magistrate under S. 249-A, Cr. P. C.-Leave to appeal sought by State-Value of property neither mentioned in First Information Report nor in Police statement submitted to Court-Extent of damages done to property also not indicated-Magistrate, on such background of case forming opinion that case related to trivial property-Record not dispelling such impression of Magistrate-Case, thus could fall under general Exception to section 95, P. P. C. Leave to appeal refused in circumstances. (b) Criminal Procedure Code (V of 1898) -- Ss. 241 to 250 - Summons issued for witnesses and witnesses not appearing in response thereto - Reasons must be examined and noted in order sheet and where necessary coercive steps should be taken for securing attendance of witnesses-Court not to feel so powerless in matter of securing attendance and should not lay entire responsibility on prosecutor alone-Court, while recording order under section 249-A, should afford an opportunity to prosecutor and in a complaint case to complainant as the case may be, to show cause why such an order be not recorded-Opinion of Court with regard to involvement of accused has to be formed in terms of requirements of section 249-A, Cr. P. C. and not outside that.-[Witness]. Ibn-e-Ali, Addl. A.-G., N.-W. F. P., instructed by Nur Ahmad Khan, Advocate-on-Record for the State. Nemo for Respondents. Date of hearing : 24th April, 1984. ORDER SHAPIUR RAHMAN, J.-Advocate-General, N.-W. F. P. seeks leave to appeal against the judgment of the Peshawar High Court, dated 24-10-1981 whereby it declined to interfere with an order recorded under section 249-A, Cr. P. C. acquitting the respondent. On a report lodged on 10-10-1978 at Police Station Hangu, a case was registered against the three respondents under section 427/447, P. P. C. Complete challan was put up in Court on 21-4-1979. A number of adjournments were granted in the case till 29-3-1981. On the 30th of March, 1981, the following order was recorded : "The accused present on bail with counsel. More than fifty bearings have taken place and…

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