1. The facts leading to the filing of this appeal by State are that a case under section 457/448, P.P.C.
2. Was got registered against the respondents with Police Station Batapur. After due investigation, the case was submitted in the Court of Magistrate First Class, who vide his judgment, dated 29-3-1988 acquitted the respondents on an application under section 249-A, Cr.P.C.
3. The facts, in brief, are that one Muhammad Ashraf got a case registered against the respondents with the allegation that the inhabitants of Jalomor; Lahore, had opened an Industrial School. The roof of the said School fell down, therefore, the President of the Association under whose control the said school was being managed, shifted sewing machines in the adjacent room. The respondents came and opened the lock of the school and committed the theft of some sewing machines and other articles belonging to the said school. In pursuance of the said case the police investigated the matter and challaned both the respondents. Before the trial Court application under section 249-A was made which was accepted.
4. 2, It is contended by learned counsel for the appellant that both the respondents were named in the F.I.R. And were assigned specific role. Contend that the learned trial Court should have recorded the prosecution evidence and then passed the impugned order. The contentions have been opposed by learned counsel for the respondents.
3. I have heard the learned counsel and gone through the record. The main reason which found favour with the learned trial Court was that the recovery of stolen machines was effected from the same school from where they were alleged to have been taken away. In such circumstances the prosecution allegation automatically falls on the ground.
5. I have gone through the impugned judgment as well as the record. I find the acquittal of the respondents is based on valid reasons to which no exception can be taken. Therefore; the appeal fails which is dismissed.
6. N.H.Q./S-452/L