Before I start explaining the format of application u/s 265-k it is very important to understand what this 265 k is? In Pakistan Code of criminal procedure 1898 is applicable on all criminal courts. Section 265k is the provision of that code
Section 265-k is the power given to the court to acquit accused at any stage. Courts cannot use this power blindly rather they are under restrictions.
Most of you might have heard in news that court acquitted a man in a drug smuggling case under section 265-k. Then you will start wonder what is that provision?
For more understanding lets reproduced the exact wordings of section 265-k;
There is no probability of the accused being convicted of any offense
Scope Of Application U/S 265-K of Cr.PC
- Acquittal due to non-appearance of plaintiff Witnesses
- Acquittal on account of delayed trial.
- Quashment/ Acquittal in cases of no or insufficient evidence
- In case of malicious proceedings
- Cases is of civil nature.
- Quashment of proceedings in preventive offenses
- FIR Quashment due to non-compliance of S.195 Cr PC.
- Quashment of FIR in zina cases
Another important point in this section is this.
The application u/s 265-k can be filled at any stage of the Proceeding.
It does not matter if;
- Charge is made or not
- Evidence by the Prosecution is concluded or not
- Before judgment is delivered
It is also observed that when the accused is on physical remand or judicial remand. The counsel of accused presents application under 265k while raising grounds that.
Grounds Of Application U/S 265-K
The probable grounds raised are;
- Accuse is not directly nominated in FIR
- Nothing recovered during remand
- No role was attributed with accused
- Accused nominated in belated statement
- Since challan is submitted evidence not started
- FIR is false, frivolous, baseless, flimsy and concocted
- Long delay in recording of evidence
- Compromise between parties
Format Of Application u/s 265-K
Section 265k comes into play when the trial of the accused in a criminal case is held in session court or high court. In simple terms, application u/s 265k is competent only when the case is tired by session or high court.
If the offense committed is in the cognizance of magistrate then application under section 249-A is filled.
Here i have provided the best format of application u/s 265-k. It will surely help you in your case.
IN THE COURT OF MR.ABC, LEARNED DISTRICT & SESSION JUDGE. RAWALPINDI
Mr. CDE S/o FGH, R/o IJK, Rawalpindi.
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: –
- 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.
- 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.
- That nothing has been recovered from the possession of the applicant / accused neither at the time of incident nor at the time of arrest.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- That the case is in hand is without solid substantial evidence. Which is unlikely to be proved against the applicants / accused.
- 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.
- That further grounds will be argued at the time of hearing of this application with the permission of this Honorable Court.
- That petitioner is facing the agony of trial and there is no chance of conviction of the petitioners/accused.
- 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.
Malik Awais Alam
Advocate High Court
Syed Shoaib Habib
Advocate High Court
That as per information received from the Petitioner. This is the first petition on the subject ever moved before this honorable court on behalf of the petitioner. No other petition of like nature is pending adjudication before any other court of law.
Format of Application U/S 265-K of Cr.PC on the Basis of Prosecution Failure to Produce Evidence
Here is another sample draft of 265-K application is provided here. If prosecution fails to produce witnesses for a long time then accuse can move this application for acquittal. You can also use this draft after making necessary changes.
IN THE COURT OF NAVEED RAZA BUKHARI, LEARNED ADDITIONAL DISTRICT JUDGE, RAWALPINDI.
In the matter of:
The State Vs Muhammad Sharif
CASE FIR NO. ____ DATED _______ U/S 302/324 PPC, P.S. SADIQABAD, RAWALPINDI.
APPLICATION U/S 265-K Cr.P.C ON BEHALF OF ACCUSED
- That the petitioner is accused in above mentioned case and the allegations leveled against the accused petitioner are absolutely false, frivolous, baseless, concocted in nature, having no truth whatsoever.
- That a false and frivolous case has been lodged against the petitioner.
- That the petitioner is facing agony of trial since his arrest, however the prosecution badly failed to produce any evidence against the petitioner, hence the petitioner is entitle for acquittal.
- That even from the contents of the Challan, it is crystal clear that the allegations against the accused petitioner were absolutely baseless and charge against him is groundless and there is no chance of conviction of the petitioner.
- 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 accused petitioner.
- That both the ingredients of Section 265-K Cr.P.C are available in the case in hand and further proceeding in the matter in hand would be merely a futile exercise.
- That it would be in the interest of justice to safe the precious time of this Honorable Court by disposing of these types of frivolous cases through application U/s 265-K Cr.P.C.
- That in nutshell further proceedings in the matter in hand would only waste the precious time of this Honorable Court.
In view of above, it is most humbly prayed that by considering the application u/s 265-K in hand and taking into account the fact that the charge against the accused/ petitioner is groundless and there is no probability of conviction of the petitioner, hence the petitioner may kindly be acquitted from the case in hand, in the interest of justice.
Any other relief which this Honorable Court deems just and proper be awarded.
Name of Counsel
Advocate High Court
Certified that as per information furnished by accused/ petitioner this is first application on the subject ever moved before this Honorable Court.