APPLICATION UNDER SECTION 249-A Cr.P.C.



IN THE COURT OF 1st CIVIL JUDGE MCTC & J.M HYDERABAD
CRL: Misc. Appln. NO: ____________/2023
In Crl.Case No. /2022

Qudratullah S/O Mehrullah, by caste Qambrani, adult,
Muslim, r/o bhittai town taluka Qasimabad
District Hyderabad -------------------------------- Applicant/accused

VERSUS

The State, ----------------------------------------------- Opponent

                                            Off: U/S: 341, 435, 353,147, 148P.P.C
                                            Crime No:14/2022P.S. Nasim Nagar
                                            District Hyderabad

APPLICATION UNDER SECTION 249-A Cr.P.C.


                                It is prayed on behalf of the applicant/accused that this Honourable Court may graciously be pleased to acquit him at this stage as there is no probability of accused being convicted of any offence, on the consideration of following facts and grounds:-

F A C T S

                          On 04-03-2022 at 1650 hours complainant Janib Dahani on behalf of the state lodged FIR with P.S Nasim Nagar which is reproducing extensor as under:-

                           “Respected Sir on behalf of the state it is Complaint that today we were available at P.S where received spy information that some persons blocked the Hyderabad-Karachi Indus Highway Road near Al-Falah curve by setting the tyres on fire and are raising slogans against the Police. After receiving such information we along with other available staff everyone PC Ali Mohammad PC Lehaq, Ghulam Rabbani, PC Rashid Ali, dully armed with arms ammunition in official dress left P.S vide entry No:2-0805 dated 4-3-2022 in a GOVT vehicle bearing its registration No:SPE-309 driven by PC Zahid Hussain proceeded towards pointed place and we also informed Control through wireless message demanded other staff for our help. That at 0815 hours we reached at pointed place where we saw and identified accused everyone 1-Mehrullah S/O makhno, 2-Mohammad Rafique, 3-Fida Hussain both sons of Mehrullah, 4-Liaqat, 5-Sobho both sons of Mohammad Qasim, 6-Inayatullah S/O Sobho, 7-Qudratullah S/O mehrullah, 8-Ihsan S/O Ali Gohar, 9-Nazar Mohammad S/O Sanwan, 10-Nadar S/O Abdul Karim, 11-Mushaq S/O Mohammad Qasim all by caste Qambrani all dully armed with lathies R/O Village Abdullah Town Nasim Nagar, 12-Mohammad Bux, 13-Asadullah both sons of not known by caste Channa R/O Bhittai Town Qasimabad, dully armed with lathies and 10/15 unidentified persons with open faces we saw them properly and can identify them if recognize them again dully armed with lathies were standing on road and tyres were burning on the road and bricks and stones were lying on the road. Indus Highway Road was blocked traffic was jammed and accused Shamas Deen S/O not known Channo dully armed with lathy R/O Kandhkot were standing there. Meanwhile I/C of Mujahid 3 Tufail Ahmed Bakhrani along with his staff I/C of Mujahid 4 Ameer Ali Golo along with his staff also arrived there. We came forward in order to arrest the accused but accused persons pushed us became scattered and fled away towards western side. We police cleared the road by removing the bricks stones and burnt tyres. We followed the accused then appeared at P.S along with other staff and complaint on behalf of the state that above mentioned accused persons in furtherance of their common object dully armed with lathies deterred us from discharging our lawful duties in order to accept their illegal demands blocked the Indus Highway road by setting the tyres on fire by putting stones and bricks, disturbed the passengers raised slogans against Police. Therefore on behalf of the state complaint has been registered under the above mentioned section. I am complainant investigation be commenced.

                           Police after registration of FIR started investigation and submitted report before the Court of Law. The case against co accused Mehrullah and others was proceeded and finally they were acquitted from the charge. Hence this application for acquittal.

G R O U N D S

1. That applicants/accused are prima facie innocent and have falsely been implicated in the present case, without collecting substantial evidence against them.

HOW TO WRIE APPLICATION UNDER SECTION 249-A Cr.P.C.

2. That the prosecution story is concocted and engineered one consists upon interested and chance witnesses which does not appeal to common sense.

3. That in absence of any tangible evidence, there is no probability of conviction of the accused on the basis of available evidence, and further trial of the case would be a futile exercise.

4. That co accused Mehrullah and others has already been acquitted by this Honourable Court, therefore there is no probability of applicant/accused being convicted in the present case.

5. That the facts stated in the FIR so grossly and absurd and fantastic that it would be impossible to hold that such evidence could possibly result in conviction.

6. That no fruitful result will be achieved to record the evidence of P.Ws, as recording of prosecution evidence is not mandatory condition while passing acquittal order u/s 249 A Cr.P.C.

7. That in order to avoid delay in the disposal of the trial and hardship to the party, as the charge is groundless and ultimately accused will be acquitted, so it is very much necessary that power u/s 249-A Cr.P.C should be exercised by this Honourable Court and relieve the party from hardship, as the accused equally deserve justice and fair treatment in all aspects, this will also be in consonance with the intention and object of the provisions of Section 249-A Cr.P.C.

8. That the charge is groundless against the present accused so they may be acquitted U/S 249 A CrPC, and there is no condition regarding stage of the case according to 249 A CrPC, the order may be made at any time even before framing of charge, or examining the accused or recording prosecution evidence, and even without hearing the complainant.

HOW TO WRIE APPLICATION UNDER SECTION 249-A Cr.P.C. DRAFT (LEADING LAW SITE FOR STUDENTS)

9. That there are no reasonable grounds for believing that present applicants/accused have committed the alleged offence.

10. That applicant crave leave of this Honourable court to urge and plead further facts and grounds at the time of arguments of this application.

11. That it would be in the greater interest of justice to allow this application.

H Y D E R A B A D.                         (SAJID MIR)

Dated. 25/03/2023.          Advocate For Applicants/Accused
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