Law:

Section:

(a) Criminal Procedure Code (V of 1898)--Ss.249-A & 265-K---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider the question as to whether, without recording any prosecution evidence the Trial Court was justified in law to hold that charges against the accused were groundless. (b) Criminal Procedure Code (V of 1898)--- ----Ss.249-A & 265-K---Expression "at any stage" in both the provisions--­Connotation---Recording of the prosecution evidence was not a condition precedent for acquitting an accused under S.249-A, Cr.P.C. or under 265-K, Cr.P.C. The Legislature in its wisdom did not leave the question of the recording of the evidence as a condition before taking action under either of the provisions. The use of the expression "at any stage" of the case is indicative enough of the intention that any such stage could be the very initial stage, after taking cognizance or it could be a middle stage after recording some proceedings and/or even, it could be later stage as well. (c) Constitution of Pakistan (1973)--- ----Art.185(3)---Expansion of scope of leave granting order---Petitioner at a very late stage of hearing of the appeal requesting to expand the scope of the order of granting leave---Nearly two decades had passed since the commission of alleged offence--No compelling circumstances were shown to exist so as to grant an open leave at such late stage---Supreme Court refused to grant an open leave in circumstances. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This is an appeal through leave of the Court by the State against summary acquittal of the respondent in a corruption case. Leave to appeal was granted for the consideration of the question; as to whether, without recording any prosecution evidence the trial Court was justified in law to hold that charges against the respondent were groundless. The provision of law under which the Special Judge acquitted the accused is section 249-A of the Cr.P.C. but as stated by the learned counsel it seems to be under some inadvertent mistake that section 249-A, Cr.P.C. was mentioned, and that it should have been section 265-K, Cr.P.C., if the status and character of the Court passing…

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