|
Ss. 249-A, 203 &
417---Shariah Nizam-e-Adl Regulation, 2009, para. 10(1)---Penal Code (XLV
of 1860)---S. 427---Mischief causing damage to the amount of fifty
rupees---Appeal against acquittal---dismissal of private complaint for non-prosecution ---Time
frame for deciding criminal cases under Nizam-e-Adl Regulation,
2009---Allegation against the accused persons (respondents) was that they
had cut trees in the property of the complainant (appellant), the value of
which was approximately Rs.100,000---Trial Court dismissed the complaint against
the accused persons for non-prosecution and
acquitted them under S.249-A, Cr.P.C.--- Contentions of the complainant
were that impugned order was patently illegal as same had been passed
because of non-appearance of the complainant; that the Trial Court had
ignored the principles of criminal jurisprudence that case should be
decided on the basis of evidence produced by the parties and no one should
be deprived of his valuable right on technical grounds; that Shariah
Nizam-e-Adl Regulation, 2009, did provide time frame for deciding criminal cases but it never empowered the courts to
dismiss the suit or complaint for non-prosecution ---Validity---Perusal
of impugned order clearly showed that the Trial Court did not follow the
legal procedure---No charge was framed against the accused persons and the
Trial Court acted in haste in acquitting the accused under S.249-A,
Cr.P.C., at a very initial stage without affor ding an opportunity to the complainant to prove his
allegations against the accused persons---Appeal against acquittal was
allowed, impugned order of Trial Court was set aside and the case was
remanded to the Trial Court for deciding the private complaint strictly in accordance with
law after recording evidence.
|
