Shamin 249a

IN THE COURT OF XXIX JUDICIAL
MAGISTRATE KARACHI AT WEST

2834/2022
Muhammad Shamim
………………………….APPLICANT/ACCUSED
Versus
State ………………..……….RESPONDENT
FIR 786/2022
P.S Manghopir
U/S:
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WRITTEN ARGUMENTS ON BEHALF OF
ACCUSED
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With utmost obeisance and deference the following written arguments
are submitted before this worthy Court in support of Application filed
under section 249-A Code of Criminal Procedure,1898:
1. That, the intention of legislature behind the provision of Section
249-A is not to undermine or frustrate the trial process rather it
serves as a safeguard against baseless prosecutions, ensuring
that the accused ins not subjected to the rigors of a full trial
when there is evidently no case to answer.
2. That, the bare perusal of the section 249-A reveals that law
permits the exercise of powers "at any stage of the case" without
specifying a particular stage. The words “at any stage” used in
both the sections include the stages before or after framing of
the charge or after recording of some evidence.6 The only
condition required to be fulfilled is the adherence to the principle
of audi alteram partem, ensuring both parties are heard and
afterwards if the court considers that there is no probability of
the conviction of the accused, it may take appropriate action.

[Reliance is placed on Para 3 of 2024 PLD SC 273]
3. That, it is a settled principle of law that in normal
circumstances, full-fledged trial has to be conducted providing
fair opportunities to the prosecution to prove evidence. However,
departure can be made from the settled practice when
"Extraordinary circumstances" are shown. The extraordinary
circumstances means and includes inability of prosecution to
collect incriminating evidence during the course of investigation
sufficient to record conviction.
4. That, even if the facts alleged by the prosecution are taken to
be true on their face value, they do not make out/constitute the
commission of any offence by the accused.
5. That, there is no evidence or incriminating material supporting
the alleged offence.
6. That, the evidence gathered is insufficient for a conviction, even
if presented at trial.
7. That, the existing prosecution evidence does not support a
conviction, and any additional evidence is unlikely to strengthen
the case against the accused.
8. That, Section 249-A relieves the Magistrate from necessity of
going on with the trial, if from the evidence on record, he is
convinced that a criminal charge cannot be sustained and there
is no probability of the accused being convicted of any offence
the language in which this section is couched makes it clear that
the Magistrate has got powers to acquit the accused even before
any witness is examined, if from the material placed on record
he is satisfied that the charge is groundless.
[Reliance is placed on Para 4 of 1991 P. Cr. L J 963 Karachi]

9. That, the allegations leveled in the FIR are false, frivolous,
baseless, flimsy and concocted and the applicant/accused has no
concern whatsoever with the commission of the said offence.
10. That, the prosecution has badly failed to produce evidence
before this Hono’able Court despite number of opportunities has
been given to the prosecution but failed to produce
evidence/witness before this Hon’ble Court.
11. 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.
12. That, the trial court is vested with the powers U/S 249-A
of Code of Criminal Procedure Code, 1898 to acquit accused after
hearing the parties and material produced before it in a speedy
manner. If charge against the accused is groundless and
prosecution was not likely to succeed in bringing home guilt
against the accused.
13. 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 proceed able in the light of section 249-A
Cr.P.C.
14. That, there is no cavil to the proposition that by enacting
section 249-A Cr.P.C, the legislature provided power to acquit an
accused at any stage of the case if, after hearing the prosecutor
and the accused and for the reasons to be recorded it considers
that the charge is groundless or that there is no probability of the
accused being convicted of any offence.
15. That, Applicant/Accused is facing the agony of trial and
there is no chance of conviction of the Applicant/ Accused.

16. That, it is settled principle of law that when it is revealed from
the face of record and on the basis of evidence or material
collected during the court of investigation, there exists no
evidence or circumstances sufficient to prove the guilt of
accused then the trial would be merely an abuse of process of
law and the trial court has to exercise the powers vested in it
under section 249-A Cr.PC to save the accused from the agony
of futile trial. Hence, this case is fit for acquittal of the accused
as from the contents narrated by the complainant in FIR does
not constitute any offence against the accused
In view of above submissions, it is most humbly prayed that the
accused/Applicant/Accused may graciously be acquitted from the
charge under section 249-A Cr.P.C, in the best interest of justice.
KARACHI
DATED: 21.11.2024 ADVOCATE FOR ACCUSED

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IN THE COURT OF XXIX JUDICIAL

MAGISTRATE KARACHI AT WEST

1. That, the intention of legislature behind the provision of Section

249-A is not to undermine or frustrate the trial process rather it

serves as a safeguard against baseless prosecutions, ensuring

when there is evidently no case to answer.

specifying a particular stage. The words “at any stage” used in

both the sections include the stages before or after framing of

the charge or after recording of some evidence.6 The only

condition required to be fulfilled is the adherence to the principle

of audi alteram partem, ensuring both parties are heard and

afterwards if the court considers that there is no probability of

the conviction of the accused, it may take appropriate action.

3. That, it is a settled principle of law that in normal

circumstances, full-fledged trial has to be conducted providing

fair opportunities to the prosecution to prove evidence. However,

departure can be made from the settled practice when

"Extraordinary circumstances" are shown. The extraordinary

circumstances means and includes inability of prosecution to

collect incriminating evidence during the course of investigation

sufficient to record conviction.

4. That, even if the facts alleged by the prosecution are taken to

be true on their face value, they do not make out/constitute the

commission of any offence by the accused.

5. That, there is no evidence or incriminating material supporting

the alleged offence.

6. That, the evidence gathered is insufficient for a conviction, even

7. That, the existing prosecution evidence does not support a

conviction, and any additional evidence is unlikely to strengthen

the case against the accused.

8. That, Section 249-A relieves the Magistrate from necessity of

going on with the trial, if from the evidence on record, he is

convinced that a criminal charge cannot be sustained and there

is no probability of the accused being convicted of any offence

the language in which this section is couched makes it clear that

any witness is examined, if from the material placed on record

he is satisfied that the charge is groundless.

[Reliance is placed on Para 4 of 1991 P. Cr. L J 963 Karachi]

baseless, flimsy and concocted and the applicant/accused has no

concern whatsoever with the commission of the said offence.

10. That, the prosecution has badly failed to produce evidence

before this Hono’able Court despite number of opportunities has

been given to the prosecution but failed to produce

evidence/witness before this Hon’ble Court.

11. 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.

of Code of Criminal Procedure Code, 1898 to acquit accused after

hearing the parties and material produced before it in a speedy

manner. If charge against the accused is groundless and

prosecution was not likely to succeed in bringing home guilt

against the accused.

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 proceed able in the light of section 249-A

14. That, there is no cavil to the proposition that by enacting

section 249-A Cr.P.C, the legislature provided power to acquit an

and the accused and for the reasons to be recorded it considers

that the charge is groundless or that there is no probability of the