Sections 249A, 203 and 417 of the Sharia System E-Adele Regulation, 2009, Para 10 (1) Disclaimers (XLV of 1860) Section 427 misconduct which resulted in loss of fifty rupees, to exclude private complaint for illegal prosecution. The charges against the accused (respondents) for adjudication of criminal cases under the Appeal System e-Adele Regulation, 2009 were that they had cut down the tree in the property of the complainant (appellant), valued at about 100 a. There was a lakh rupees, the trial court dismissed the complaint against him. The defendants were acquitted on the charge of unlawful action and under the power of the complainant under Section 249A, CRPC, that the non-bailable order was manifestly illegal because of the complainant's failure to appear. ? That the trial court had disregarded the principles of criminal jurisprudence that the matter should be decided on the basis of the evidence presented by the parties and no one should be deprived of its valuable right on technical grounds. The Sharia System E-Adult Regulation, 2009, provided no timeline for adjudication of criminal cases but never gave the court the power to dismiss a lawsuit or complaint for illegal prosecution. Following the validity of the anonymous order clearly shows that the trial court did not follow the legal procedure. The accused were charged and the trial court hurried to acquit the accused under Section 249A, CRPC, without any person complaining to prove his charges against the accused person. At a preliminary stage to confirm the case without a lawsuit
Related judgments — Peshawar High Court NWFP, 2012
