Draft Format of Application U/S 249-A of Cr.PC To Acquit Accused

Application U/S 249-A of Cr.PC

Application u/s 249-A of Cr.PC is submitted to invoke the inherent powers of criminal court. All criminal cases which are presented before magistrate or magistrate took cognizance of it. This application is submitted before it to acquit accuse.

Power to acquit accuse in application u/s 249-A of Cr.PC solely belongs to magistrate. Here it is important to quote the section 249-A.

[249-A. Power of Magistrate to acquit accused at any stage.–Nothing in this Chapter shall be deemed to prevent a Magistrate from acquitting an accused at any stage of the case if, after hearing the prosecutor and the accused and for reasons to be recorded, he considers that the charge is groundless or that there is no probability of the accused being convicted of any offence.]

Scope Of Application U/S 249-A of Cr.PC

In the following instances the application to get acquittal of accuse can be filled;
  1. Acquittal due to non-appearance of plaintiff Witnesses
  2. Acquittal on account of delayed trial.
  3. Quashment/ Acquittal in cases of no or insufficient evidence
  4. In case of malicious proceedings
  5. Cases is of civil nature.
  6. Quashment of proceedings in preventive offenses
  7. FIR Quashment due to non-compliance of S.195 Cr PC.
  8. Quashment of FIR in zina cases
  9. Compromise between complainant and accused parties.

From the bare perusal of section 249-A, one can infer that this application to acquit accuse can be filed at any stage.

The application u/s 249-A of Cr.PC can be filled at any stage of the Proceeding.

It does not matter if;

  1. Charge is made or not
  2. Evidence by the Prosecution is concluded or not
  3. Before judgment is delivered

Important Case Laws on 249-A of Cr.PC

Here are some important cases in which inherent powers of criminal court, quashments and acquittal of accuse is explained.

Section 249-A, Cr.P.C. is not for quashment of proceedings but is for acquittal from charge which is groundless. If it is found that the proceedings are malafide and an abuse of process of Court the remedy is u/S. 561-A, Cr.P.C. 1980 P.Cr.LJ 823

Acquittal for non-production of evidence. Not even a single witness produced though case pending in Court for 5 to 6 years. No prospect of such witness appearing in Court. Accused acquitted u/S. 249-A of Cr.P.C. Evidence on record if unrebutted wholly insufficient for conviction. No prospect of any more evidence against the accused. PLD 1980 Kar. 131

Accused can be acquitted without recording any evidence u/S. 249-A Cr.P.C. when the Court is satisfied that no useful purpose would be served by proceeding further in the matter or there is no probability of the accused being convicted of any offence. PLJ 1993 416

Sections 561-A, 249-A and 265-K Cr.PC. It is proper to approach the trial Court first u/S. 249-A or 265-K before moving the High Court u/S. 561-A. However, there is no bar in moving the High Court in the first instance. The powers of trial Court u/Ss. 249-A and 265-K are co-extensive with similar powers of the High Court u/S. 561-A and both can be resorted to. 1985 SCMR 257

Format of Application U/S 249-A of Cr.PC

Here is provided the reliable draft of Application U/S 249-A of Cr.PC to acquit accused from jail. You can use this format after making necessary changes.

IN THE COURT OF LEARNED ILLAQA MAGISTRATE, P.S CITY, RAWALPINDI.

In the matter of:

The State                  Vs                   MAH

APPLICATION U/S 249-A Of Cr.PC FOR ACQUITTAL OF ACCUSED

IN CASE FIR NO._ DATED ___ OFFENCE UNDER SECTION 6/7/78 PGA, REGISTERED AT P.S. CITY, RAWALPINDI.

Respectfully Sheweth,

  1. That the petitioner is accused in the above referred case and the allegations leveled against the accused petitioner are absolutely false, frivolous, baseless, concocted in nature, having no truth whatsoever.
  2. That numbers of opportunities were given to the prosecution to produce the evidence against the petitioner, but the prosecution badly failed to produce any incriminating material against the present petitioner.
  3. That even from the contents of the Challan, it is crystal clear that the allegation against the accused petitioner is absolutely baseless and charge against him is groundless.
  4. That even if all the witnesses incorporated in the calendar of witnesses are recorded even then there is no probability of conviction of the accused petitioner as there is no material available against the petitioner.
  5. That there are two ingredients of U/s 249-A Cr.P.C one is when the charge has become groundless and the second when there is no probability of conviction of accused and in the instant matter both the ingredients are existing, hence the instant prosecution case is not proceedable in the light of section 249-A Cr.P.C.
  6. That in view of above, further proceedings in the matter in hand would be a futile exercise and would only amount to wastage of precious time of this Honorable Court.
  7. That in nutshell further proceedings in the matter in hand would only waste the precious time of this Honorable Court.

PRAYER

In view of above, it is most humbly prayed that by considering the application U/S 249-A of Cr.PC in hand and taking into account the fact that the charge against the accused person is groundless and there is no probability of conviction of the accused petitioner, the petitioner may kindly be acquitted from the case in hand, in the interest of justice.

Petitioner

Through

Malik Awais Alam

Advocate High Court

Draft of Application U/S 249-A of Cr.PC On The Basis of Compromise

Here is provided another reliable draft of Application U/S 249-A of Cr.PC. You can also submit this application if both parties have extended compromise.

IN THE COURT OF ZEESHAN AHMED RANA, LEARNED MAGISTRATE, P.S SADIQABAD, RAWALPINDI.

In the matter of:

The State                              Vs                               HZU etc

CASE FIR NO. 799 DATED 13.08.2016 U/S 377 PPC, P.S. SADIQABAD, RAWALPINDI.

APPLICATION U/S 249-A Of Cr.PC FOR ACQUITTAL OF ACCUSED NAMELY (1) ASM (2) HZR

Respectfully Sheweth,

  1. That the petitioners are accused in the above referred case and next date of hearing is fixed for today.
  2. That the complainant of the case has already been exonerated from the case, hence there is no chance of conviction of accused/ petitioners.
  3. That further proceedings in the case in hand is amounts to wastage of precious time of this Honorable Court.
  4. That even otherwise, the allegations against the accused petitioners are absolutely baseless and charge against them are groundless.
  5. That even if all the witnesses incorporated in the calendar of witnesses are recorded even then there is no probability of conviction of the accused petitioners as there is no material available against the accused petitioners.
  6. That there are two ingredients of U/s 249-A Cr.P.C one is when the charge has become groundless and the second when there is no probability of conviction of accused and in the instant matter both the ingredients are existing, hence the instant prosecution case is not proceedable in the light of section 249-A Cr.P.C.
  7. That in nutshell further proceedings in the matter in hand would only waste the precious time of this Honorable Court.

PRAYER

In view of above, it is most humbly prayed that by considering the application u/s 249-A of Cr.PC in hand and taking into account the fact that the charge against the accused person is groundless and there is no probability of conviction of the accused/ petitioners, hence the petitioners may kindly be acquitted from the case in hand, in the interest of justice.

Petitioners

Through

Malik Awais Alam

Advocate High Court

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