Law:

Section:

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)-------Arts. 3/4---Criminal Procedure Code (V of 1898), S.249-A---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to the State to consider whether the acquittal of one accused in the case was proper on an application under S.249-A, Cr.P.C. at a stage when the entire prosecution evidence had been completed and the case was fixed for the statement of the accused, especially when the trial against other accused in the case was continuing. (b) Constitution of Pakistan (1973)--- ----Art. 185---Appellate jurisdiction of Supreme Court---Court competent to examine points other than those on which leave was granted---Supreme Court in exercise of its power to do complete justice is competent to examine points other than those on which leave was granted---Normally or in ordinary course, Supreme Court would not permit raising of point/question not mentioned in the leave granting order, but in exceptional cases for doing complete justice it would permit or allow the appellant to agitate a point or questions not mentioned in the leave granting order. Qadir Bakhsh and 10 others v. Kh. Nazim-ud-Din Khan and 4 others 2001 SCMR 1091; Qudratullah v. Government of Balochistan and another 1990 SCMR 1246; State through Secretary, Ministry of Interior v. Ashiq Ali Bhutto 1993 SCMR 523; Abbas v. The Honourable Chief Justice through the Registrar, High Court of Sindh, Karachi and 2 others 1993 SCMR 715; Chaudhry Muhammad Saleem v. Fazal Ahmad and 2 others 1997 SCMR 315; Haji Dilber v. Shah Muhammad and 3 others 1998 PCr.LJ 572; Messrs M.Y. Electronics Industries (Pvt.) Ltd. through Manager and others v. Government of Pakistan and others 1998 SCMR 1404; Pakistan State Oil Company Limited v. Abdul Khalique Gandakwala 1999 SCMR 366 and Khushdil and 3 others v. State PLD 1981 SC 582 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 249-A---Power to acquit accused at any stage---Application and scope---Application under S.249-A, Cr.P.C. can be filed, taken up for hearing and decided at any time or stage of the proceedings---Words "at any stage" denote that such application can be filed even before…

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