APPLICATION UNDER SECTION 265-K Cr.P.C.



IN THE COURT OF SPECIAL JUDGE ANTI TERRORISM HYDERABAD
Crl. MA No.      of 2023
In Special Case No. 54 of 2020

Muhammad Nawaaz s/o Dotta, By Caste Mazari, Adult Muslim,
R/O Nasim Nagar Taluka Qasimanad 
District Hyderabad ------------------ Applicant/Accused

Versus

The State ----------------------------------------------------- Respondent

                                                       Offence U/S 365-A, 148, 149 PPC
                                                       Crime No. 146/2019
                                                       P.S Nasim Nagar
                                                       District Hyderabad

APPLICATION UNDER SECTION 265-K Cr.P.C.

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

F A C T S

                The brief facts of the prosecution case are that Complainant Mukhtiar Ahmed lodged FIR on 27-06-2019 at 2000 hours stating ther in that accused Nazeer and Allah Dewayo and others are his relatives and accused Iqbal Bajwa and others were also his friends and they used to visit his house. On 31-12-1994, he (complainant), his cousin Ali Gohar Qurban Ali and brothers Sabz Ali @ Ameer Bux, nephew Budhal Khan @ Basheer Ahmed, sister in law Mst Malookan, niece Mst Nazia, Mst Shazia, Mst Asia, Mst Shirin all by caste Mazari were sitting in their House at evening time meanwhile accused Nazeer @ Allah Dewayo, 2- Mehar Bux, 3-Bahadur, 4-Haroon, 5-Mohammad Nawaz, 6-Mohammad Bux, all by caste jhandi Mazari, R/O Village Jhabdi Mazari taluka Rojhan District Raheem Yar Khan, Punjab Province, 7-Iqbal, 8-Anwar Ali By caste Bajwa R/O Chak Shakoor Sialkot came to the house of complainant as guest all were with guns on a dotsun and they remained at night time in the house of complainant after taking meal and chitchatting went to sleep in separate rooms. On 01-01-1995, at 5 am on the voice of persons and weeping of children the complainant party woke up and saw the accused persons were forcibly dragging the nephews, brother and sister in law of complainant from their arms and were going outside of their house, the complainant party raised cries and followed the accused, whereupon the accused persons aimed weapons and said to remain silent, and further said to arrange Bhung money for release of abductees, the complainant party due to fear of weapons remained silent, thereafter all the accused persons went away on their dotsun along with abductees toward southern side, thereafter, the complainant party used to go the accused persons who demand Bhung money and thereafter on 25-05-2019 the abductee Nazia came to the house of complainant, thereafter the complainant after obtaining orders for registration of FIR, went to P.S Nasim Nagar where he lodged FIR as stated above.

                        Police after registration of FIR started investigation, after usual Investigation submitted the report U/S 512 CRPC on 06-08-2019 against all the accused persons showing in the FIR, subsequently on 14-10-2020 co accused Bahadur and Horan were arrested by the Police and produced them before this Honourable Court with subsequent report.

                        The case against both the accused persons was tried by this Honourable Court and finally they were acquitted vide judgment dated 09-03-2022 by this Honourable Court while case against present applicant and others was kept on dormant file instead of acquitting them, as complainant party did not deposed against any of the accused. That Present applicant was all along the time he was available in his house and was discharging his routine work. As and when He came to know about his false involvement he surrendered himself befoere this honorable court and obtained interim pre-arrest bail so also joined the investigation. Hence this application for acquital.
G R O U N D S

1. That the applicant/accused is prima facie innocent and is the victim of admitted enmity over matrimonial affairs therefore at this stage false implication could not be ruled out.

LEARN HOW TO WRITE APPLICATION UNDER SECTION 265-K Cr.P.C.

2. That all the PWs are relatives of complainant, hence they are very much interested in the case.

3. That there is inordinate and unexplained delay of more than 24 years and 6 months in lodging of the F.I.R whereas the distance between the venue of occurrence and PS would be about 1 to 2 Kms therefore at this stage false implication and consultation could not be ruled out.

4. That there is no probability of applicant/accused being convicted in the present case, therefore, this Honourable Court may graciously be pleased to acquit him in this case.

5. That the whole story seems to be unbelievable and first information report itself is appearing to be false and bound to end in acquittal.

6. That co accused Bahadur and Horan has already been acquitted by this Honourable court so on the principle of rule of consistency present applicant is also entitle for same concession.

7. That from the perusal of FIR it is evident that due to matrimonial affairs alleged ladies were kidnapped by the accused, so sectiion 365-A is not applicable.

8. That present applicant is resident of village miranpur Taluka Rojhan where as his residential address in FIR is mentioned village Jhandi Mazari therefore he was unaware about the registration of false FIR but now as and when police raided his house and he came to know about his false involvement.

9. That Complainant, PW Ali Gohar, alleged abductees Mst Nazia and Asia in their cross examination deposed that night of incident is dark, accused were muffled faces and given the names of accused under suspicion.

LEARN HOW TO WRITE APPLICATION UNDER SECTION 265-K Cr.P.C. (DRAFTING LAW PARHO)

10. That in the FIR the age of abductee Mst Nazia was mentioned as 10 years where as in the Challan Mst Nazia W/O Alla Ditta is mentioned which reflects that due to matrimonial dispute she was kidnapped and solemnized marriage with Allah Ditta but complainant with malafide intention alleged that for Bhung money ladies were abducted which does not appeal to common sense.

11. That in fact there is nothing on record to connect the applicant/accused with the offence.

12. That due to influence of complainant party police applied section 6 And 7 of ATA in the present case with mala fide intention.

13. That the alleged offence does not falls U/s 6 and 7 ATA but may falls U/s 365 PPC which is not scheduled offence which is triable by the court of Magistrate as no such ransom amount was paid by the complainant party.

14. That in order to avoid delay in the disposal of the trial and hardship to the party, it is very much necessary that power u/s 265-K Cr.P.C should be exercised by this Honourable Court and relieve the party from hardship, but will also be in consonance with the intention and object of the provisions of Section 265-K Cr.P.C.

15. That with a sole view to keep the case pending in an attempt to search for some truth is wrong but would be a waste of available time of this Honourable Court and also would amount to an abuse of the process of law.

16. That the case against the applicant is of no evidence and no offence what so ever nature has been committed by the applicant, as there is no iota of evidence connecting the applicant with this crime.

17. That in view of the above facts and grounds there is no probability of applicants/accused being convicted in the present case, therefore, this Honourable Court may graciously be pleased to acquit him the interest of justice.

18. That the undersigned craves leave of this Honourable Court to urge and plead further facts and grounds at the time of hearing of this application.

19. That in the light of above factual position the present applicant is entitled for the acquittal u/s 265-K Cr.P.C.

20. 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 10.06.2023                                  Advocate for the applicant

CERTIFICATE

This is to certify that this is a first application u/s 265-k CRPC and no such application of same nature has been preferred by undersigned on behalf of the present applicant.

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

Dated 10.06.2023                                  Advocate for the applicant
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