IN THE COURT OF JUDICIAL MAGISTRATE
P.S. SHALIMAR, ISLAMABAD (WEST)
______________ son of ______________, resident of ______________, Street No. ______________, Sector G-11/2, Islamabad.
…Petitioner/Accused
Versus
The State
…Respondent
Case FIR No.11/18 dated 10.01.2018
OFFENCE U/S 406 PPC
P.S. SHALIMAR, ISLAMABAD
PETITION U/S 249-A OF Cr.P.C.
FOR ACQUITTAL OF ACCUSED/PETITIONER
Respectfully Sheweth:
-
That the petitioner is accused in the above captioned criminal case, which is pending before this Honourable Court.
-
That the instant FIR was lodged on the complaint of Professor ______________ wife of ______________, resident of House ______________, ______________Road, Sector
______________, Islamabad, the FIR is hereby reproduced;
“I had bought a shop at Liberty Square, F-11 Markaz, Main Double Road, Plot No.29, in 2013 for Rs.31,75,000/- (30,00,000/- as price and Rs.175,000/- as electricity etc. charges.
2. The owner of the building ______________has not transferred the shop in my name but instead took me to Court that I am not taking possession of the said property, the case was decided in my favour, the copy of the judgment is attached for your reference, my I please request you to get the Court case implemented i.e. either get it transferred to my name or refund the total amount of money in one transaction. I will be extremely grateful for your help in this regard”
-
That the contents of the FIR does not constitute an offence U/S 406 PPC and as per the contents of said FIR mentioned above the complainant purchased the shop from the accused and this was the business transaction between the parties and nothing was entrusted to the accused and it is necessary to mention here that the main ingredient of the offence i.e. 406 PPC is the entrustment and without entrustment the offence 406 PPC is not constituted.
-
That after lodging of the FIR, the petitioner moved bail before arrest in the Court of ______________, Additional Session Judge (West), Islamabad, and the same was confirmed based on compromise.
-
That allegations leveled against the petitioners in the instant FIR are false and frivolous. The prosecution has no sufficient evidence against the petitioner, which can prove his guilt.
-
That the offences mentioned in the FIR do not constitute an offense against the petitioner.
-
That even the alleged facts mentioned in the FIR do not constitute the offence i.e. 406 PPC.
-
That the petitioner is law abiding citizen, he cannot even think about such like offence. The present FIR is the result of malafide on the part of complainant.
-
That there is no probability of conviction of the petitioner and pendency of trial would be futile exercise and the same would cause wastage of precious time of this Honourable Court.
-
That under the law, this Honourable Court has ample powers to exercise to acquit the petitioner from the case due to the above said reasons.
-
That all the ingredients of Section 249-A are fully attracted, in the instant case.
PRAYER :-
In the circumstances, it is, therefore, very humbly prayed that the accused/petitioner may very graciously be acquitted by exercising the powers U/S 249-A Cr.P.C. to meet the ends of justice.
Petitioner
Through
Advocate Supreme Court
IN THE COURT OF JUDICIAL MAGISTRATE
P.S. SHALIMAR, ISLAMABAD (WEST)
Versus
The State
Case FIR No. ______________dated ______________
OFFENCE U/S 406 PPC
P.S. SHALIMAR, ISLAMABAD
PETITION U/S 249-A OF Cr.P.C.
FOR ACQUITTAL OF ACCUSED/PETITIONER
AFFIDAVIT
I, ______________son of ______________, resident of House No. ______________, Street No. ______________ Sector G-11/2, Islamabad, do hereby solemnly affirm and declare on oath as under:
That the contents of the above captioned application are true and correct to the best of my knowledge and belief and nothing has been concealed.
Deponent
Further affirmed that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.
Deponent