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Acquittal Application Under Cr.PC 249-A

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6 views3 pages

Acquittal Application Under Cr.PC 249-A

Uploaded by

mujtaba.abidi15
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

IN THE COURT OF Ist CIVIL JUDGE & JUDICIAL

MAGISTRATE, WEST, KARACHI.


Case no.
U/S:--
P.S—

The State………………….Vs……………….REHAN ALI

APPLICATION U/S 249-A Of [Link] FOR ACQUITTAL OF

ACCUSED

Respectfully Sheweth,

● That the petitioner is accused in the above referred case and the

allegations leveled against the accused petitioner are absolutely false,

frivolous, baseless, concocted in nature, having no truth whatsoever.


● That number of opportunities were given to the prosecution to

produce the evidence against the petitioner, but the prosecution badly

failed to produce any incriminating material against the present petitioner.

● That even from the contents of the Challan, it is crystal clear that the

allegation against the accused petitioner is absolutely baseless and charge

against him is groundless.

● That even if all the witnesses incorporated in the calendar of

witnesses are recorded even then there is no probability of conviction of

the accused petitioner as there is no material available against the

petitioner.

● That there are two ingredients of U/s 249-A Cr.P.C one is when the

charge has become groundless and the second when there is no probability

of conviction of accused and in the instant matter both the ingredients are

existing, hence the instant prosecution case is not proceedable in the light

of section 249-A Cr.P.C.

● That in view of above, further proceedings in the matter in hand

would be a futile exercise and would only amount to wastage of precious

time of this Honorable Court.


● That in nutshell further proceedings in the matter in hand would

only waste the precious time of this Honorable Court.

PRAYER

In view of above, it is most humbly prayed that by considering the

application U/S 249-A of [Link] in hand and taking into account the

fact that the charge against the accused person is groundless and

there is no probability of conviction of the accused petitioner, the

petitioner may kindly be acquitted from the case in hand, in the

interest of justice.

Petitioner

Through

Advocate

Common questions

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The application leverages previous findings by demonstrating the prosecution's repeated failure to provide evidence, thus reinforcing the argument that both conditions of Section 249-A - groundless charge and no probability of conviction - are met. It strategically underscores judicial inefficiencies if the case proceeds without credible grounds .

The prosecution must be given ample opportunities to present substantive evidence against the accused. In this case, multiple opportunities were reportedly provided, yet no incriminating evidence was presented, demonstrating the case's groundless nature under the legal standards of Section 249-A Cr.P.C. .

If the court accepts the application, it implies acknowledgment that the prosecution lacks substantial evidence to support a conviction. This sets a legal precedent that reinforces the requirement for solid evidence in criminal trials, upholding principles of justice and judicial efficiency .

Section 249-A of the Cr.P.C. offers a legal provision for acquittal when the charge becomes groundless or when there is no probability of conviction. In this case, these conditions exist, as indicated by the lack of incriminating evidence and the groundless nature of the witness allegations .

The arguments include that the prosecution failed to provide incriminating evidence despite multiple opportunities and that the witnesses provided cannot lead to a conviction. Furthermore, the contents of the Challan are argued to show the baseless nature of allegations, making the charges groundless .

The application suggests that the prosecution has not been diligent or effective in gathering or presenting evidence. It reflects poorly on the prosecution's case quality, as they failed to provide any material leading toward a conviction, making their efforts perceived as inadequate in this legal framework .

Ensuring non-groundlessness of charges before proceeding with a trial is crucial to uphold justice system integrity, prevent misuse of judicial resources, and protect individuals from unfounded accusations. It ensures only legitimate cases with sufficient evidence are entertained, preserving fairness and legal integrity .

A 'groundless charge' indicates that the accusations against the accused lack evidence or basis in reality, thereby potentially rendering any judicial proceeding unnecessary. The court must diligently assess the evidence, or lack thereof, to determine if the charges can sustain legal scrutiny or if acquittal is warranted under Section 249-A Cr.P.C .

Further proceedings are considered futile because both the prerequisites for a groundless charge and lack of probable conviction under Section 249-A Cr.P.C. are present. This means continuing the case would only waste the court's time without likely outcome of conviction .

The two essential ingredients are that the charge must be groundless and there should be no probability of conviction for the accused. Both conditions align with principles ensuring that only substantiated charges proceed in the legal system .

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