IN THE COURT OF 2nd CIVIL JUDGE/J.

M, NAUSHAHRO FEROZE

Cr. Case No: Of 2024.

The State

Versus

Zain Raza & others

Offence U/S 294-A, 294-B, PPC,

5 GAMBLING ACT
Crime No. 154/2022, PS
Padidan.

APPLICATION U/S 249-A Cr.P.C.

It is prayed on behalf of applicant/accused namely Ghulam

Shabir S/o Abdul Sattar Rajper that this Honourable Court may kindly
be pleased to acquit him in the above case/crime, on consideration of
the following facts and grounds: -

FACTS

Brief facts leading to instant application are that the complainant

along with subordinate staff namely each 1) PC Shoukat Malak, 2) PC
Muhammad Challan Rajper with government arms and ammunations
in police dress left PS Padidan with departure entry No. 07/dated: 24-
10-2022 at 11-30 in government vheilce bearing No. SPC-174, with DPC
Arbab Hussain Lashari for patrolling purpose, after petrolling from
various places reached at Sajjan Petrol pump they have received spy
information that at Rilaway Station Padidan on the shop of Zain Raza
Arain playing Juwa on “Akra Parchi” after reciving such information
informing to subordinate staff proceeded to pointed place, when they
reached at pointed place they saw that three accused persons will
playing Juwa on “Akra Parchi” on seeing police party accused tried to
escape after preparation they have apprehended on accused persons at
12-30 hours while two accused persons fled away, on seeing indentified
as Akhtiar Ahmed S/o Mukhtiar Ahmed by caste Janwari, R/o Padidan
Station, 2) Ghulam Shabir S/o Abdul Sattar Rajper, R/o Village Yousif
Rajper, Taluka Naushahro lFerroze, thereafter they inquired from
apprehended accused person who diclcosed his name as Zain Raza S/o
Ghulam Mustafa Arain, R/o Padidan Station Taluka Naushahro Feroze.
Due to nonavailibilty of private mashir, appointed PC Shoukat Malak &
PC Challan Rajper as mashirs apprended accused person arrested U/S 5
Gambling Act, 294-A, 294-B, thereafter we conducted body seafch from
apprehended accused persons and found the below detail currency
notes, and from Table Akra Parchi and Akra book which were kept in
police custody, instantly such mashirnama with signature of mashirs
came at Police Station and registered such case on behalf of state.

Detail of Revered Property.

1. One note of Rs. 500/- and 11 notes of 100/- total Rs. 1600/-
2. Akra book from table
3. 25 parchies of Akra from table

It is submitted that after usual investigation, the case was

challaned After completion of all the codal formalities, charge was
framed against the accused, now the case is pending before the
Honorable Court for evidence, hence, this application on consideration
of the following grounds: -

GROUNDS

1. That, the applicant accused is innocent and has not committed the
offence.

2. That, the case against the applicant/accused is absolutely false,

bogus, baseless and based upon incredible circumstances.

3. That, incident has not taken place complainant with mala fide
intentionally registered this FIR against the present
applicant/accused namely Ghullam Shabir and others.
4. That the case is pending since long, and the complainant and
witnesses are not attending the court for evidence they are wasted
 precious time of this Honourable, therefore, the applicant accused
is liable to be acquitted.

5. That, no any independent witnesses have cited by the prosecution

but all the witnesses are interested.

6. That the charge is groundless and there is no any probability for

the conviction of the accused in above offence.

7. That, it will be in the larger interested of justice that the

application may kindly be allowed and accused may kindly be
acquitted U/s 249-A Cr.P.C.

8. That, the lack of interest of complainant and his witnesses shows

that the prosecution case is fake one and the prosecution has lost
its interest into the instant case.

9. That, in view of the above, the charge against the

applicant/accused is groundless and there is no probability of the
applicant/accused being convicted in the above case.

10. That, other grounds will be advanced at the time of final

submissions with the permission of this Honourable Court.

(Muhammad Qasim Malak)

Dated: - -2023 Advocate for Applicant/Accused

IN THE COURT OF iind JUDICIAL MAGISTRATE,

NAUSHAHRO FEROZE.

Cr. Case No: Of 20116.

 The State

Versus

Zain Raz & others

Offence U/S 294-A, 294-B, PPC,

5 GAMBLING ACT
Crime No. 154/2022, PS Padidan.

AFFIDAVIT

I, Ghulam Shabir S/o Abdul Sattar , Adult, Muslim, by caste Rajper,

Resident of Village Yousif Rajper, Taluka & District Naushahro Feroze
do hereby state on oath as under: -

1. That, I am applicant/accused in the above case/crime as

such am well conversant with it’s facts.

2. That, contents of application u/s 249-A Cr. P.C. has been

drafted and filed by my counsel as per my instructions, the
contents whereof are true and correct and may be treated
as part and parcel of this affidavit for it’s brevity.

3. It is in the interest of justice to allow the application as

prayed.

4. That, whatever stated above is true and correct to the best

of my knowledge and belief.

I know the Deponent Deponent

Advocate
Dated: - -2023.

5.