DIFFERENCE BETWEEN 249A & 249 CRPC BY JAM M TAHIR RASOOL AHC || VOICE OF LAWYERS

DIFFERENCE BETWEEN 249A & 249 CRPC BY JAM M TAHIR RASOOL AHC || VOICE OF LAWYERS
#youtube #justice #lawyers #voice #llb #mr #hindi #urdu #pakistan

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.]

COMMENTARY

1. Scope and extent. Section 249-A, Cr.P.C. is an exception to normal rule that acquittal takes place after full trial. This provision reflects a compromise between collective good of society and rights of an individual offender. Idea is to spare offender from rigors of full trial if Court at any stage finds that charge is groundless and prosecution is not likely to succeed. PLJ 2004 S.C. 2.

2. Power of Magistrate. Power not in curtailment of the power of High Court under S. 561-A or in derogation of it. PLD 1981 S.C. 607. Trial Court is free to look into police papers, other material and legal aspect of the case. NLR 1999 Cr.L.J. 137. Where Court is reasonably convinced that a criminal charge cannot be sustained, going on trial is not necessary, but charge cannot be said to be groundless within the meaning of S. 249-A, Cr.P.C. if reasonable opportunity is not provided to prove the allegation. Recording of prosecution evidence is not a condition precedent for acquitting accused. Magistrate can deal with application at any time irrespective of the fact whether charge is framed or not. 2003 YLR 2749. Magistrate under this section is bound to issue notice to the State and that discretion can only be exercised after hearing both parties and after submission of challan in the Court. 2005 PCr.LJ 252.

3. Requirements. Requirements are that the hearing is to be given to the prosecution and counsel of accused and that reasons are to be recorded in support of the conclusion that charge is groundless or that there is no probability of the accused being convicted. 2003 YLR 1390.