Application For Acquittal of Abdullah in Magistrate Court

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IN THE COURT OF MISS SARWAT BATOOL, LEARNED ILLAQA

JUDICIAL MAGISTRATE SECTION 30, P.S CHUNG, LAHORE

In Re:

Amadudin Etc Vs The State

*********

FIR No:2018/21 Dated: 29.06.2021


Offence U/s: 380/411 PPC
Police Station: Chung, Lahore
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APPLICATION U/S 249-A Of Cr.PC FOR ACQUITTAL OF


ACCUSED ABDULLAH

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Respectfully Sheweth,

1. 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 and petitioner was
implicated in above captioned FIR maliciously.
2. That numbers 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.
3. That it is very much clear from the record of this Court
that the petitioner/accused appeared on every single date
of hearing before this Court since registration of the case
and facing the agonies of trial without any sin on his
part.
4. 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.
5. That there is no chance of conviction of the petitioner as
nothing incriminating material available on record which
connects the petitioner with the alleged crime.
6. That the report U/s 173 Cr.P.C has been submitted on
19.11.2021 and since then no evidence has been came
on the record till today.
7. That the petitioner is facing hardships and agonies of
trial without any sin on his part, moreover the
prosecution has also not produced any witnesses or
evidence against the present petitioner.
8. 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.
9. That in view of the above, further proceedings in the
matter in hand would be a futile exercise and would only
amount to wastage of precious time of this Court.
10. That there are two ingredients 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 there is no probability of conviction
of the accused and the instant prosecution case is not
proceedable in the light of section 249-A Cr.P.C.
11. 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.
12. 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 Cr.PC 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

MALIK FALAK SHER


Advocate High Court
RA Tower Ground Floor
7-A Turner Road, Lahore
Dated: 18.12.2023
CERTIFICATE:
As per instruction received from my client named above this is first
petition ever moved before this Court.

Counsel

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