Criminal Procedure Code 1898 sections; 249(a), 265(k) & 561(a) are relevent provisions to be discussed.
- Powers of a Magistrate to acquit the accused at any stage. According to Section. 249(a) of Cr.P.C. the Magistrate can acquit the accused at any stage of case after hearing the prosecutor and the accused if he thinks that charge is groundless and there is no probability of convicting the accused. Case Laws; 2016 P. Cr. L. J. 1398, PLD 2012 Bal 140
- Powers of Sessions Court to acquit the accused. According to Section. 265(k) of Cr. P. C., IF Sessions Judge of the Court deems fit to acquit the accused at any stage after hearing the prosecutor and accused that there is no probality of convicting the accused of offence. Note: Powers under this section can only be invoked in this section wherein no probability of convicting the accused exists. ( 2011 MLD 313) Impugned order of acquittal is set aside and case is remanded to trial court for recording evidence and deciding on merits. ( 2014 P.Cr. L. J. 949)
- Powers of High Court to acquit the accused. Section. 561(a) Cr. P. C. gives inherent powers to High Court to acquit the accused for preventing the abuse of process of any Court to secure the ends of justice. These powers are very vide and can be exercised at any time. (1994 SCMR 798) There is no embergo on the powers of trial Court to acquit the accused at any stage. High Court in exercise of its inherent jurisdiction has ample powers to quash the proceedings if it finds that even after recording the entire evidence, the accused would not be possibly convicted, irrespective of the fact that they had not approached the trial Court either under Section. 249(a) or Section. 265(k) Cr. P. C. (2005 P.Cr. l. J. 1638, 2005 YLR 623)