Lawyers in Islamabad

  PLJ 2022 Cr.C. (Note) 42 [Balochistan High Court, Quetta] Present:  Muhammad Kamran Khan Mulakhail and Rozi Khan Barrech, JJ. Dr.  MUHAMMAD ARIF--Appellant versus MUHAMMAD ANWAR and 3 others--Respondents Crl. Acq. A. No. 461 of 2019, decided on 21.12.2020. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 265-K, 249-A & 417(2)--Jurisdiction u/S. 265-K, Cr.P.C.--Exercise of powers--Appeal against acquittal--The object of exercise of powers is to prevent abuse of law available to learned trial Court under sections 265-K and 249-A of Cr.P.C., however, in a case where sufficient, prima facie, evidence is available, powers may not be exercised as to throttle process of justice--The primary consideration to be kept in view would be whether continuance of proceedings before could be a futile exercise, wastage of time and abuse of process of Court or not--If on basis of facts admitted and a patent on record no offence can be made out, then it would amount to abuse of proc...