Law: Criminal Procedure Code (V of 1898)

Section: 155,155(2)(3),265-K,417,537

Law: Pakistan Penal Code, 1860

Section: 34,420,468,471,474

Criminal Procedure Code (V of 1898)--- ----Ss.417, 155, 265-K & 537---Penal Code (XLV of 1860), Ss.420, 468, 471, 474 & 34---Appeal against acquittal---Impugned of acquittal, was against the law and was based on misinterpretation of law by the Trial Court---Trial Court could not differentiate between S.155(2) & (3), Cr.P.C. and even ignored that it had already taken the cognizance of the case and framed the charge---Case should not be decided in slipshod manner without recording the evidence of the parties on the basis of a mere irregularity committed by the Police during investigation, even otherwise those irregularities were curable under S.537, Cr.P.C.--- Impugned based on misinterpretation of law, was not sustainable---Appeal against order of acquittal was allowed and case was remanded to the Trial Court with direction to proceed with the case expeditiously. Muhammad Yasin v. S.S.P. 2004 SCMR 868; Sastay Khan Masood v. State 2004 SCMR 1766; State v. Abdul Rehman 2005 SCMR 1544; Sarfraz v. State 2007 SCMR 830; State v. Abdali Shah 2009 SCMR 291 and Sanaullah v. S.H.O. PLD 2003 Lah. 228 rel. THIS JUDGMENT DELIVERED BY: SYED MAHMOOD ALAM RIZVI, J.--- This criminal acquittal appeal is directed against the judgment dated 28-2-2006, passed by the learned VIIth Additional Sessions Judge, Hyderabad, in Sessions Case No.222 of 2003, arising out of F.I.R. No.7 of 2002, under sections 420, 468, 471, 474 and 34, P.P.C., registered at Police Station Pinyari, whereby the respondents Nos.1 to 4 were acquitted under section 265-K, Cr.P.C. 2. Briefly, the facts of the prosecution case as narrated in the F.I.R. are that the complainant Fayyaz Ahmed lodged' the FIR. . R. on 23-1-2002 and stated therein that his daughter Mst. Aafreen was the sponsor of a housing scheme situated in Phuleli Hyderabad. Later on she gifted the said property to her daughter. In the year 1991 out of Survey No.2380 a Plot No.75-76 was allotted to Kishanlal, the respondent No.1 and Plot No.76-96 to respondent No.2 and Plot No.98 to respondent No.3 and it was settled that the respondents would pay gradually from time to time, but the payment could not be made. Thereafter, the…

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