Securities & Exchange Commission of Pakistan
Through, Additional Joint Director, Securities &
Exchange Companies. ……………………………………………………………………………………………………………………Complainant
Versus
Syed Muhammad Ali……………………………………………………………………………………………………………Accused
Heard accused Syed Muhammad Ali and the learned Special Public
Prosecutor on behalf of SECP. Also perused the case file.
The present direct complaint has been filed by the SECP which was subsequently registered/admitted by the court against the above named accused
vide order dated 07.07.2017; the summons were ordered to be issued against him.
Thereafter accused Syed Muhammad Ali appeared before the court and joined the
trial.
After compliance of section 241-A Cr.P.C the charge against accused
Syed Muhammad Ali was framed on 09.09.2017 vide Exh.2 to which he pleaded
not guilty and claimed for trial.
It is matter of record that after framing of charge on 09.09.2017, the
prosecution side till date has produced 03 witnesses before this Court out of 06 The record further shows that summons, BWs, NBWs have been repeatedly issued to procure the attendance of remaining witnesses but efforts taken by the court all in vai . The learned Special Public Prosecutor of behalf o SECP has farled to submit any proper justification and reasoning whatsoever regarding nonppearance of remaining Pws- in witness box..
On the other hand, the accused is in attendance for four years after framing of charge, prosecution has miserably failed to produce its witnesses before the Court in order to establish the charge against the accused. The record shows that the accused is facing trial in this matter since last four years and there is no fault on his part either by way of seeking adjournments or any other kind of delay tactics. Further dragging of accused in this trial for an indefinite period will be unjustified and against the basic principles of justice.
For the foregoing reasons, I am of the view that further keeping this case on the board of this Court without any progress will not serve any fruitful purposeand will be an exercise in futile. There is no any feasible to continue with thiscase anymore or to issue proclamation or writ of attachment against the Pwsunder Section 87/88 Cr.P.C. Hence, in my firmed opinion, without announcingthe judgment / order of acquittal or conviction, it would be appropriate to stop theproceedings of the case. Accordingly, the proceedings of this case is herebystopped Under Section 249 Cr.P.C. The prosecution is at liberty to apply forreopening of the case as and when attendance of its witnesses is procured.Accused Syed Muhammad Ali present on bail is directed to appear before thisCourtt as and when required.
Announced in open Court,
Given under my hand and the seal ofthe Court on this 31t August,2022
