265-K Cr P C

 IN THE COURT OF MR.ABC, LEARNED DISTRICT & SESSION JUDGE. RAWALPINDI

Mr. CDE S/o FGH, R/o IJK, Rawalpindi.

……PETITIONER

VERSUS

The State

…..RESPONDENT

IN A CASE FIR NO. 1234, DATED 02-01-2017, UNDER SECTION 420, 468, 471, 419, 409, 109 PPC POLICE STASTION SADIQABAD, RAWALPINDI

APPLICATION U/S 265-K OF CR.P.C FOR ACQUITTAL OF ACCUSED IN ABOVE MENTIONED CASE.

RESPECTFULLY SHEWETH: –

1. That the petitioner is the accused in the above-mentioned case which is pending for adjudication before this Honorable Court and is fixed for today.
2. That the FIR was registered on 02-01-2017, in which accused has been falsely implicated by the complainant due to previous enmity over family affairs. This fact is admitted by him in the FIR.
3. That nothing has been recovered from the possession of the applicant / accused neither at the time of incident nor at the time of arrest.
4. That the allegations leveled in the FIR are false, frivolous, baseless, flimsy and concocted and the petitioner has no concerned whatsoever with the commission of the said offense.
5. That since 2017 the PWs have been called so many times by this honorable court but they are not coming forward to depose against the accused.
6. That the parties have been entered into a compromise at bail stage and complainant submitted an affidavit and his statement got recorded before this Honorable Court and Order was passed by this Honorable Court.
7. That considering the statement, affidavit of the complainant and order passed by this august Court there is no chance of conviction it would be futile exercise if the trial is continued.
8. That in view of the facts available on the prosecution record, there is no justification of continuing the process of case. These are the valid and sufficient grounds of abusing court process and wastage of precious time of the court.
9. That no direct evidence is available on record of the prosecution against the applicant / accused for which prosecution can reach at the conclusion of the case.
10. That it is a fit case to be dealt u/s 265-K Cr.P.C. And the applicant is liable to be acquitted in this case.
11. That the case is in hand is without solid substantial evidence. Which is unlikely to be proved against the applicants / accused.
12. That possibility of conviction of the accused is zero. If the case further proceeded it will amounts to abuse of the process and harassing the applicant.
13. That further grounds will be argued at the time of hearing of this application with the permission of this Honorable Court.
14. That petitioner is facing the agony of trial and there is no chance of conviction of the petitioners/accused.
15. That if this application is not accepted the petitioner will suffer an irreparable loss.

In the circumstances, it is therefore, most humbly prayed that the application u/s 265-k may graciously accepted. And accused/Petitioner be acquitted from the charge u/s 265-K Cr.P.C, in the best interest of justice