MUHAMMAD TARIQ ABBASI, J.---This revision petition calls in question the judgments dated 01.03.2014 and 26.01.2017, respectively passed by the learned Magistrate Section-30 and learned Additional Sessions Judge, Talagang, District Chakwal.
2. Through the former judgment, in case FIR No, 28, dated 11.04.2011, registered under sections 380/448/411, P.P.C., at Police Station Lawa, District Chakwal, the respondents Nos, 1 to 4 (hereinafter referred to as the respondents) were acquitted of the charge, with a direction to the petitioner (complainant), to pay a sum of Rs,25,000/-, as compensation, under section 250, Cr.P.C., to the respondents. Whereas, through the lateral judgment, an appeal preferred by the petitioner, challenging the above said compensation has been turned down, on the sole ground, that acquittal of the respondents has been challenged by the petitioner, before this court.
3. Arguments heard and record perused.
4. Through the above mentioned judgment of the learned Trial Court, not only the respondents were acquitted of the charge, but the petitioner being complainant was also asked to pay the above said compensation under section 250. Cr.P.C., to the respondents.
5. The petitioner, against the above said decision, had availed two remedies, one through an appeal before this court. whereby acquittal of the respondents was challenged, whereas other by an appeal. before the learned Additional Sessions Judge, Talagang, questioning imposition of the above mentioned compensation, against him.
6. In order to appreciate the issue involved in the present proceeding, it would be appropriate to reproduce the relevant provisions of law i,e, sections 417 and 250, Cr.P.C., herein below:-
417. Appeal in case of acquittal. (1) Subject to the provision of subsection (4), the Provincial Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court.
(2) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf grants special leave to appeal from the order of acquittal the complainant may present such an appeal to the High Court.
[(2-A) A person aggrieved by the order of acquittal passed by any Court other than a High Court may within thirty days, file an appeal against such order.] (3)
250. False frivolous or vexatious accusations. (1) If in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate, by whom the case is heard [xxxxx] acquits all or any of the accused, and is of opinion that the accusation against them or any of them was false and either frivolous or vexatious, the Magistrate may by his order of [xxxxx] acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one, or if such person is not present direct the issue of a summons to appear and show cause as aforesaid.
(2) The Magistrate shall record and consider any cause which such complainant or informant may show and if he is satisfied that the accusation was false and either frivolous or vexatious, may, for reasons to be recorded, direct that compensation to such amount not exceeding [twenty five thousand rupees] or if the Magistrate is a Magistrate of the third class not exceeding [two thousand and five hundred] rupees, as he may determine, be paid by such complainant or informant to the accused or to each or any of them.
(2-A)
(2-B)
(2-C)
(3). A complainant or informant who has been ordered under subsection (2) by a Magistrate of the second or third class to pay compensation or has been so ordered by any other Magistrate to pay compensation exceeding fifty rupees may appeal form the order, in so far as the order relates to the payment of the compensation, as if such complainant or informant had been convicted on a trial held by such Magistrate.
(4) When an order for payment of compensation to an accused person is made, in case which is subject to appeal under subsection (3), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided and, where such order is made in a case which is not so subject to appeal, the compensation shall not be paid before the expiration of one month from the date of the order.
7. It is manifest from the above mentioned provisions of law that if an accused is acquitted, then under section 417, Cr.P.C., his acquittal through an appeal can be challenged before this court. In case, compensation under section 250(2), Cr.P.C., is imposed, then under subsection (3) of the said provision, the aggrieved may file an appeal, before the competent forum which in the present case is Sessions .Court concerned. The procedure laid down by section 250, Criminal Procedure Code is quite distinct from the procedure for acquitting an accused. The language of the section itself contemplates separate proceedings: Order of acquittal and order for payment of compensation by complainant, are two separate orders although have born out of same proceedings, but are appealable through separate appeals before different forums. Proceedings of one appeal should not affect the other appeal. There is no denial of the fact that if against an order/judgment two remedies are provided under the law, then the concerned to avail the remedies, may approach the proper forums which should decide the Matters, independently, without being influenced or prejudiced from the proceedings pending before other forum. Thus stance of the learned appellant court that as an appeal against acquittal was pending before this court, hence appeal before it was not competent, was quite unjustified because at the most the learned Appellant Court should have adjourned the appeal sine die. Furthermore, it has been told that the appeal against acquittal has been dismissed from this forum.
8. Resultantly, the above said judgment dated 26.01.2017 of the learned Additional Sessions Judge, Talagang, District Chakwal is set aside, with a direction to take up the appeal and decide it on merit.
9. Disposed of.