IN THE COURT OF SESSIONS JUDGE
THATTA
S.Case No. 38 of 2024
Yousif Shaikh …………………
Applicant/Accused
VERSUS
The State………………………………
Respondent
APPLICATION U/S 265-K C.R.P.C
It is prayed on behalf of
Applicant/accused named above that this
Honorable Court may be pleased to acquit
them from case/charge being S.Case
No._38__/2024, crime No.78/2022 of Police
Station Dhabeji, for the offence punishable
u/s, 279, 320 PPC, on consideration of the
following Facts and grounds:-
FACTS
The brief facts of prosecution case
as alleged in the FIR are that we are posted
SHO at PS Dhabeji. On 14.08.2022, the
complainant along with subordinate staff
HC/178 Badhal Khan, C/260 Muhammad
Ameen, C/300 Pervaiz Ahmed, duly armed,
vide rozhamcha entry No.8 at 1310 hours,
boarded in government vehicle SPM-866
driven by DPC/523 Wikyo Taro , left for
patrolling in the area. While patrolling at
different places when they reached at
Madina Stop, they received information
through busy traffic that NHW road Karcahi
to Thatta near Mehran Medical Centre
Market a white color car committed
accident of one unknown minor child and
caused injury to the minor child who was
laying on the road so we while on the said
information try to arrange the private
witnesses but did not found the same so
while informing the above said staff
reached at the place at 1510 where we
came to know that the said accident
occurred at about 1500 hours and saw at
the place of incident that one child aged
about 7 years was lying on the road and
the same was known as name Shahbaz s/o
Yaqoob b/c Lashari Baloch r/o village Haji
Baro P.O Garho Taluka Ghorabhari to whom
we saw that he has caused injury backside
of his head, thereafter complainant lodged
FIR hence this application on the
following grounds.
That after usual investigation the
police submitted challan and the accused
facing his trial hence the followings
grounds:-
GROUNDS
1. That, the Applicant is innocent and
has been falsely implicated in this false
case due to enmity of police. No such
offence has been committed and the entire
prosecution story is false
2. That, the charge u/s 279, 320 PPC
was framed in the case against applicant
and the case is fixed for evidence.
3. That, the instant case is false one.
The applicant is innocent, and has been
nothing to do with the alleged offence.
4. That, the accused is regularly
attended the court on each and every date
and after framing of charge the notices
were issued to prosecution witnesses but
none of them appearing in the court, it
means that the PWs have no any interest in
the case, therefore in the above
circumstances, no useful purpose would be
served if the case is further proceeded
against the applicant/accused named
above.
5. That, the pendency of this case
against the applicant is only wastage of
precious time of this Honorable court.
6. That, section 265-K Cr.P.C
empowers the Honourable court to acquit
the accused or stop the proceedings of the
case at any stage of the case when there is
no probability of conviction of the accused.
7. That, section 265-K Cr.P.C also
protects the innocent persons from the
agony of the trial which is instituted on the
false myth.
8. That, if this application is not
allowed, the Applicant shall suffer
irreparable loss and injury.
9. That, further grounds will be
advanced at the time of hearing of this
application, with permission of this
Honorable Court.
Thatta
Dated: 12.08.2025
Advocate for
Accused
