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| 24-A Cr.PC application format for acquittal of accused |
In the name of ALLAH, the most beneficent, the most
merciful
IN THE COURT OF ILLAQA MAGISTRATE, P.S SADIQABAD,
The
State versus Raja Ahmed Gujar Khan etc.
FIR NO 210000/20
DATED
APPLICATION UNDER SECTIONS 249-A & 250 OF CR.PC
FOR ACQUITTAL OF APPLICANTS/ACCUSED FROM THE CHARGES IN ABOVE-MENTIONED FIR AND FOR COMPENSATION
Respectfully
Sheweth:-
1.
That
the above mentioned case is pending adjudication before this Honorable Court
and fixed for today.
2.
That
the instant case is false, frivolous, baseless and ill-founded, due to malafide
of complainant & Police, evident from number of reasons/ grounds floating
on the surface, the detail of which is given below:-
Actual occurrence
In fact, on
Malafide of Complainant
Party
a.
As the applicants/ accused party had
filed application dated 13-05-2021 against complainant party before Police
Station therefore, to encounter the application of applicant/ accused
party dated 13-05-2021, the complainant party, after due deliberation &
consultation, in league with local police, with a delay of 02 days, succeeded
to get register above-said false and frivolous FIR against the applicant/
accused party, laying wider net, also involving Accused (Umer Gohar Ali)
who is Mohallah Dar, who tried to reconcile the matter. (Copy of FIR
is annexed)
b.
Though the complainant party hurriedly
mentioned the names of 03 so-called witnesses in the above said
false & frivolous FIR but no statements of these witnesses under
section 161 Cr.PC were ever got recorded to Investigating Officer, which shows clear
malafide on the part of complainant party, to involve the applicants/ accused party
in above said FIR.
c.
That admittedly no names of alleged
victims ladies, are mentioned in the above said false FIR rather only mentioned
“Aurton k Kapray Pharay”. The complainant party especially Malik Irfan are
characterless persons, have no reputation in the vicinity.
Malafide of
Police
d.
On
e.
That three applications For (1)
Inquiry (2) Change of Investigation (3) Legal Opinion were filed by applicant/
accused before
statement of witnesses of the accused made before ASP nor mentioned in the
reports. All the 03 reports of police on the applications stated above
are totally same word by word, just application number and date are changed.
The learned ASP or his staff, even did not see the contents of application and
their purpose and straightaway, mentioned that this application of “Change of
Investigation”, disposed of the same. In fact, the purposes and requests of all
three applications were different, which shows clear malafide on the part of
police.
Contradictions in
the Prosecution Story
f.
There are three contradictory
statements made in (1) Naqsha Madroobi (2) FIR (3) Supplementary Statement of complainant,
the detail of which is given below:-
|
1. |
Naqsha
Mazroobi |
The
alleged Injured Abdul Rehman aged about 02 Years, is stated to have been injured
during quarrelling |
|
2. |
FIR |
The
vehicle of applicant/ accused party run-over the leg of alleged
injured child |
|
3. |
Supplementary
statement |
The
vehicle of accused party run-over the Foot of alleged injured child |
Contractions
in Ocular & Medical evidence
g.
The statement of complainant regarding
running of vehicle over the leg or foot of alleged injured child is unbelievable,
because as per MLC No. 254544/2020, the Doctor Observed “Incomplete Fracture
is seen in Right Fibula”. In fact, a fibula fracture (a very Weak bone)
can be caused due to a rolled ankle but can also be due to an
awkward landing. On the other hand, if a Suzuki Carry Dabba with a Weight of
550 KG, run over the leg of any person and that too of only 02 years, would not
only cause fracture and that too incomplete but also completely
damage the leg. (Information taken from internet is annexed)
h.
That the applicants/ accused party had
challenged the impugned MLC No. 254544/2020 before this Honourable
Court, which was allowed. During the proceedings, the complainant party deliberately
did not appear before the court despite of granting various
opportunities, as evident form the order sheet of this Honourable Court.
Delay
in lodging of FIR
i.
That there is an inordinate delay
of 2- ½ days in lodging of FIR which shows that the complainant party had
made due deliberation and consultation with each other and with police to involve
the innocent applicants in the false FIR.
Miscellaneous Grounds
j.
That the alleged Torn clothes have
not been taken into custody by the police till today.
k.
That no specific role whatsoever
has been attributed to the petitioners rather general role just to spread the wider
net.
l.
That the many witnesses have
also sworn their affidavits before the Investigating Officer about innocent of
applicants/ accused and about actual facts.
m.
That the after change of
investigation, the new Investigating Officer, took the statement of neighbors
of complainant party, as per which, they admitted that the applicants/ accused party
never entered into the house of complainant party.
n.
That the alleged accident is stated
to have been occurred in front of the house of complainant party. The house of
complainant is at the corner / turn of the street, and there are many
encroachments in the street, so it is impossible for any driver of a vehicle to
drive the vehicle rashly and speedily.
o.
That the complainant party has not
challenged the deletion of offences under section 452, 337F(v) PPC during
bail proceedings by the High Court, in any forum till today, which shows that
the FIR was lodged just to entangle the innocent applicants and to encounter
the application dated 13-05-2020 filed
by applicant /accused.
p.
That further proceedings in the above
titled suit would be nothing but a futile exercise and amount to wastage of
precious time of this Honourable Court.
PRAYER:
In these circumstances it is humbly prayed that the
instant application may kindly be accepted and the applicants/ accused persons
may kindly be acquitted from the charges being false, frivolous,
baseless.
It is further prayed that the applicants/accused persons may
kindly be awarded compensation amounting to Rs. 25,000/- under section 250 of Cr.PC to each accused.
Applicants/
Accused
Through
Counsel
IN THE COURT OF ILLAQA MAGISTRATE,
P.S SADIQABAD ,
The
State versus Raja Ahmed Gujar Khan etc.
FIR NO 210000/20
DATED
APPLICATION UNDER SECTIONS 249-A & 250 OF CR.PC
FOR ACQUITTAL OF APPLICANTS/ACCUSED FROM THE CHARGES IN ABOVE-MENTIONED FIR AND FOR COMPENSATION
AFFIDAVIT
I, Raja Ahmed Gujar Khan son of Nabeel Ahmed Gujar Khan Raja resident
of Gawalmandi , Mohra Chappar , Dhoke Syedan,
That the contents of the accompanying application are true
and correct to the best of my knowledge and belief and nothing has been
concealed there from.
Deponent
Verified on oath at
Deponent
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