249, 2665 K Crpc empowered the Presiding Officer of the court to acquit accused at any stage of the trial;

Section 249 -A, Cr.P.C. empowered the Presiding Officer of the court to acquit accused at any stage of the trial; (Mujjan Ali Panhwar)

Ss. 249 -K & 265-K---acquittal of accused---Considerations---While deciding application under S.249 -A, Cr.P.C. for acquittal , the court had to consider two crucial points, whether the charge was groundless or whether there was no probability of accused being convicted of any offence---Provision of S.249 -A, Cr.P.C. had given right to accused to move application for his acquittal at any stage of the proceedings, which could be even prior to framing of charge or recording of evidence, or at any subsequent stage; and there was no bar imposed by law conditional to stage of proceedings---Court, in case of dismissal of application moved under S.249 -A, Cr.P.C. should discuss the entire material available on record with probable cause on the basis of which reasonable grounds appeared to continue the trial---By enacting Ss.249 -A and 265-K, Cr.P.C. the Legislature in its wisdom did not leave the question of recording evidence as condition before taking action under either of the provisions; and the use of expression at any stage of the case was 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 a later stage as well---Section 249 -A, Cr.P.C. empowered the Presiding Officer of the court to acquit accused at any stage of the trial; and only requirement to be fulfilled, first ly was that hearing was to be given to the prosecutor and counsel of accused; and secondly, reasons to be recorded in support of conclusion that the charge was groundless; or that no probability was of accused being convicted.

2012 PCrLJ 999 KARACHI-HIGH-COURT-SINDH
Side Appellant : ABDUL RAZAK GABOLE
Side Opponent : State