Application Dismissed By trial court under Section 249-A .

Section 561-A not a proper remedy after dismissig a Application 249-A. 439-439-A invoke..


PLD 2004 SC 298 


for which he has not given satisfactory reply and submits that this court has inherent jurisdiction under section 561-A Cr.P.C against the order passed on an application under section 249-A Cr.P.C. The Hon’ble Supreme Court in the case of Bashir Ahmed (supra) observed that where the application under Section 249-A Cr.P.C was dismissed by the trial court, the proper remedy for the aggrieved person was under Section 439 or 439-(A) Cr.P.C, as the case may be, and not under Section 561-A Cr.P.C as the provisions of Section 561-A Cr.P.C were not meant to provide an additional or alternate remedy. In view of this proposition, this application is hereby dismissed being not maintainable so also having no merits.   section 249-A is the “that charge is groundless or that there is no probability of the accused being convicted of any offence”. Learned counsel for the applicant has failed to point out any of the above said ground in the case.