IN THE COURT OF ASSISTANT SESSION JUDGE DADU.
Session Case No. / 2015
The State-------------------------------Complainant
VERSUS
Zaidullah
Chandio & others---------------------------------Applicant/accused.
FIR
No. 35 / 2015
U/s 324/147/148/149/ 504/114,PPC
P.S. Rukkan.
APPLICATION
U/S 265-K Cr.P.C.
It is respectfully prayed on behalf of the above named
applicants/accused that this Hon’ble Court may be pleased to discharge the
above case and acquit the applicants U/s 265-K Cr.P.C. on the consideration of
following facts and grounds:
GROUNDS
1.
That the accused has been implicated in this false
case by the complainant due to enmity over matrimonial affairs, which fact is
admitted by him in the FIR.
2.
That the case was registered on
10-06-2015, the accused facing trial of this case upto now.
3.
That Section 324 is not attracting
in this case, despite of the exchange of firing no body has been injured.
4.
That nothing has been recovered
from the possession of the applicant / accused neither at the time of incident
nor at the time of arrest.
5.
That It
has been held in a judgment reported as 1998
M.L.D 1400 that in order to constitute an offence of attempt to Qatl-i-Amd injury should be such as
would eventually entail the death of injured persons. In this case no body is
injured; as such basic ingredient for the offence of attempt to commit Qatl-i-Amd is absent in this case.
6.
That the case is old one which was challaned in
22-06-2015 and during the period of two years the prosecution has failed to
examine any single witness.
7.
That since 2015 the PWs have been called so many times
by this honorable but they are not coming forward to depose against the
accused.
8.
That under the circumstances of
the case there is no likelihood that prosecution will ever be successful in
making out the case against the applicant for his conviction, and the applicant unnecessarily dragged out
by the
prosecution, which will result in the miscarriage of law, justice and abuse of
process of Court and great agony and prejudice to the applicant, hence it will
be in the interest of justice that applicant is acquitted from the charge.
9.
That no direct evidence is
available on record of the prosecution against the present applicant /
accused for which
prosecution can reach at the conclusion of the case.
10.
That the charge has been framed
and the case was fixed for evidence there is no direct and indirect evidence
against the accused and further trial of the case will be wastage of precious
time of this Hon’ble Court.
11.
That the charge has already been
framed applicant and the charge is groundless and prosecution has failed to
prove the guilt
of the accused and hence there is no probability of one accused being
convicted and further delay is abuse of process.
12.
That due to the reasons stated
here in above accused are entitled for
an order for acquittal from the above case.
13.
That it is a fit case to be dealt
U/s 265-K Cr.P.C. and such the applicant are liable to be
acquitted in this case.
14.
That the case is in hand is
without solid substantial evidence, which is unlikely to be proved against the
applicants / accused.
15.
That there are no possibility of
conviction of the accused, if the case further proceed which is amounts to
abuse of the process and also harassing the applicant.
16.
That further grounds shall be
argued at the time of hearing of this application with the permission of this
Hon’ble Court.
PRAYER
It is therefore, respectfully prayed on behalf
of the above named applicant/accused that this Hon’ble Court may pleased to acquit
them in present charge in U/s 265-K Cr.P.C, on the consideration of foregoing
facts and grounds in the larger interest of justice.
Dadu.
Dated: 25-06-2016 Advocate
for the Applicant/accused
No comments:
Post a Comment