IN THE COURT OF II-JUDICIAL MAGISTRATE, AT LARKANA

Misc. Crl. Appl No. /2019

Sakhi son of Mazhar, by caste Gabol

R/o Village Mir Khan Gabol, Taluka Dokri, District Larkana
(Presently confined at Central Prison Larkana
………………………. Applicant

V/S

State …………………….. Respondent

Crime No: 08/2017

U/s: 504, 506/2, 34 PPC
P.S: Radhan Station

APPLICATION U/S 249-A OF Cr.P.C

It is prayed on behalf of above named applicant/accused that this

Honourable Court may be pleased to acquit him U/S 249-A Cr.PC, in the above
offence/crime, on the consideration of the following facts and grounds.

FACTS
The brief facts of prosecution case in nutshell as alleged in FIR are
that on 10.02.2017 at 1500 hours complainant Ghulam Nabi appeared at P.S
Radhan Station along with order of Honourable II Additional Sessions Judge,
Mehar and got registered the FIR, stating therein that brother of complainant
namely Ghulam Qadir was murdered by accused Sakhi Gabol and others, same
case is still pending in the court. On 16-1-2017 at 4:00 PM complainant along with
his brother Ghulam Hyder and Abdul Rehman were standing on road near their
houses near Radhan road, accused each one 1. Sakhi armed with K.K 2. Mehboob
armed with Repeater both sons of Mazhar 3. Mumtaz s/o Mithal alias Mitho armed
with K.K 4. Ali Goher s/o Mohammad Achar armed with pistol all by caste Gabol
R/o village Mir Khan Gabol Taluka Dokri, district Larkana came over on two
Motor cycles, they used abusive language to complainant party and asked them to
disown from murder case register against accused by complainant party, otherwise
they will be murdered. Thereafter, all accused persons while issuing murderous
threats went away on their Motorcycles. Thereafter, complainant submitted
application to the court and took order of the court of Honourable II Additional
Sessions Judge Mehar, went P.S and lodged the FIR against accused persons to the
above effect.

Hence, this application u/s 249-A Cr.P.C.

GROUNDS

1. That the applicant/ accused is innocent, he has falsely been implicated in this
case by complainant with mala fide intention and ulterior motive.

2. That the FIR was lodge with a scandalous delay of 25 days, therefore,
consultation and false implication cannot be ruled out.

3. That prior to this, case was proceeded against co-accused Ali Goher, who
was acquitted U/S 245 (i) Cr.P.C on 2-6-2017 by the Honourable Civil Judge
& Judicial Magistrate III, Mehar and case of applicant/accused is at same
footing, hence he is also entitled of same relief.

4. That if the case proceeds against applicant/accused, no fruitful result could

come and there is no probability of conviction of the applicant/accused in
this case.

5. That there are two ingredients of U/S 249-A Cr.PC, 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 nutshell further proceedings in the matter in hand would only waste
the precious time of this Honorable Court.

7. That in the light of above circumstances this is fit case for exercising
jurisdiction U/s 249-A of Cr.P.C.

PRAYER
In view of above, it is 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/ applicant, hence the applicant may kindly be acquitted from the case in
hand, in the interest of justice.
Larkana (Ahmed Wadho)

Dated: .07.2019 Advocate for applicant/ accused