APPLICATION U/S 249 Cr.PC STOP PROCEEDINGS



APPLICATION U/S 249 Cr.PC STOP PROCEEDINGS DRAFTING SAMPLE


IN THE COURT OF SESSIONS JUDGE, HYDERABAD
Crl. M.A No:       of 2019
In Sessions Case No.128/2019

Adam S/O QalooBy caste Bhayo, Adults,Muslims, At present confined in Distt: Jail Hyderabad ------------- Applicant/Accused

V E R S U S

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

                                                                U/S 302, P.P.C
                                                                Crime No. 2/2010 
                                                                P.S Nasim Nagar.

APPLICATION U/S 249 Cr.PC STOP PROCEEDINGS

                   It is prayed on behalf of the applicant/accused Adam that this Honourable Court may graciously be pleased to keep the case in abeyance till the appearance of complainant party, on the consideration of following grounds:-

G R O U N D S

                                1. That applicants/accused are innocent and are the victims of previous enmity, therefore, at this stage false implication, consultation and malafide on the part of complainant could not be ruled out.

2. That after framing of the charge this Honorable court was pleased to issue process but despite of that neither complainant nor his witnesses appeared before this Honourable court which clearly shows that complainant party avoiding to proceeds with the matter.

3. That previously case of applicant Ali nawaz and others was also kept in abeyance due to non appearance of complainant party.

4. That it is duty of prosecution produce their witnesses and proceeds with the matter but they are deliberately and intentionally avoiding to proceeds with the matter and are trying to linger on the matter.

5. That it has been decided by our own High court in a M.A No:72 of 2005 decided by his lordship MR:Justice Mohammad Sadique Laghari that no one should be confined in jail for an indefinite period and the case should be kept in abeyance till the appearance of complainant party.

6. That this honourable court is not bound to wait for the prosecution witnesses for indefinite period of time as there is no immediate prospect of their appearance.

7. That applicant/accused is facing the agony of trial without any progress in the case and there is no probability of appearance of prosecution witnesses in near future.

8. That it is well established principles of law that every accused should be presumed as an innocent until and un-less guilt is not proved.

9. That in order to save precious time of this honourable court this case be kept in abeyance till the appearance of prosecution witnesses.


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


APPLICATION U/S 249 Cr.PC STOP PROCEEDINGS (Law Parho Pakistan's Leading Site For Law Students)

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