JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Acquittal.Appeal.No.S-11 of 2016.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

13.12.2021

                        Mr. Safdar Ali Ghouri, Advocate for the appellant.

                        Mr. Nizamuddin Bhutto, Advocate for private respondents.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of instant criminal acquittal appeal are that the appellant filed a direct complaint u/s.200 Cr.PC for prosecution of the private respondents for offence punishable u/s. 500 PPC. It was brought on record. Subsequently, on filing of an application u/s.265-K Cr.PC, the private respondents were acquitted of the said offence by learned   7^th Additional Sessions Judge, Larkana vide order dated 06.02.2016, which is impugned by the appellant before this Court by preferring the instant criminal acquittal appeal.

                        It is contended by learned counsel for the appellant that the learned trial Court has recorded acquittal of the private respondents without recording evidence; therefore, such acquittal is liable to be set aside.

                        Learned A.P.G for the State and learned counsel for the private respondents have sought for dismissal of the instant criminal acquittal appeal by contending that it has been filed by the appellant without leave of the Court.

                        In rebuttal to above, it is contended by learned counsel for the appellant that leave of the Court is not absolute, as has been held by this Court vide order dated 12.01.2019, passed in Crl.Acquittal Appeal No.S-49/2012.

                        I have considered the above arguments and perused the record.

                        The acquittal of accused could be recorded at any stage when the Court considers that there is no probability of the accused being convicted of any offence; therefore, it would be hard to say that acquittal of the accused without recording evidence is illegal. Admittedly, the acquittal of the private respondents has been recorded on a direct complaint, which could only be impugned after obtaining special leave to appeal, as is prescribed under Sub Section (2) to Section 417 Cr.PC. No such leave has been obtained by the appellant prior to filing of the instant criminal acquittal appeal despite office objection; therefore such omission has made the instant criminal acquittal appeal to be incompetent.

                        The order which is referred by learned counsel for the appellant is on distinguishable facts and circumstances. In that case, the memo of appeal was treated as an application for leave to appeal. In the instant matter, no such treatment has been made in favour of the appellant and he despite office objection has not obtained the special leave to prefer the acquittal appeal, perhaps knowingly.

                        In view of above, the instant criminal acquittal appeal fails and it is dismissed accordingly. JUDGE