PLD 2022 Lahore 427
Dismissal of Complaint s---Scope---Section 203, Cr.P.C., reflects that it applies at the stage preliminary to the commencement of trial; therefore, if Complaint is withdrawn during that stage, result shall not be in acquittal of accused.
S. 248---Withdrawal of Complaint ---Effect---Complaint processed under S. 190 read with Ss. 200/202, Cr.P.C., can be withdrawn under S. 248, Cr.P.C., during the trial and it also results in acquittal of accused---No further trial can be conducted later as it amounts to double jeopardy.
S. 248---Withdrawal of Complaint ---Scope---If the Complaint is withdrawn during the trial, the Complaint shall not be dismissed rather accused would stand acquitted.
S. 248---Withdrawal of Complaint ---Scope---Section 248, Cr.P.C., ordains two preconditions for permission to withdraw the Complaint , which are, firstly, before the final order is passed and secondly, there are sufficient grounds---Final order, obviously means an order of acquittal or conviction upon conclusion of trial whereas sufficient grounds may entail out of court settlement for any consideration, or demise of the parties or the loss is made good or any alternate dispute resolution---Depending upon the circumstances of case, court can either grant or withhold the permission---Withholding of permission may amount to continuation of prosecution even through any other person.
S. 248---Withdrawal of Complaint ---Withdrawal of Complaint at appellate stage---Expression "final order"---Scope---Word "final order" in S. 248, Cr.P.C. connotes the culmination of proceedings up to the last remedy available to the parties to overturn the decision of Trial Court because final order of acquittal or conviction can be passed on an appeal before the superior courts; therefore, S. 248, Cr.P.C. would be available during proceedings before appellate court as well.
Withdrawal of Complaint ---Scope---Offence under Illegal Dispossession Act, 2005, shall be tried by Court of Session, but it does not specify the application of Chap. XX or XXII-A, Cr.P.C. for the purpose of trial as usually supplied through legislation for courts which work under special laws---Under S. 5 of Illegal Dispossession Act, 2005, mode of inquiry and investigation is entirely different as to one mentioned under S. 202, Cr.P.C., therefore, when there is contrast which principle is to be followed, either principle of specific prohibition or principle of express provision, the circumstances always lean toward specific prohibition---As there is no specific prohibition with respect to application of S. 248, Cr.P.C., to a Complaint under Illegal Dispossession Act, 2005; therefore, such provision shall be available to the court trying such Complaint ---Section 9 of the Illegal Dispossession Act, 2005, also supports what has been discussed above.
S. 3---Criminal Procedure Code (V of 1898), S. 345---Prevention of illegal possession of property---Compounding of offence---Scope---Offence under S. 3 of Illegal Dispossession Act, 2005, is not compoundable.
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