IN THE COURT OF 1st
J.M EAST AT KARACHI
V
E R S U S
FIR No. Nil/2021
U/s 20 PECA, 2016
PS
FIA Cyber Circle Branch Karachi
APPLICATION U/S 249-A CR.P.C. FOR ACQUITTAL
It is
respectfully prayed on behalf of abovenamed applicant that this Hon’ble Court
may be pleased to acquit him in abovementioned case, on the consideration of
the following facts and grounds:
FACTS
The brief facts of the case are that subject enquiry was registered
on the base of a complaint of Shazia D/o Qutbuddin R/o Karachi regarding fake Twitter Account, the complaint is
reproduced as under:-
Respected Sir,
It is beg to state that I am a
politician and appear in many talk shows as well. In year 2016 A boy Mairaj
Qureshi ,Phone Numbers _________________ approached
me via his friend and Saqib S/o of Saleem.He assured me via his friend and
Saqib S/o Saleem. He assured me that due to packed schedule of mine he can cooperate
with me in picking & dropping my son from his tuition and to take care of
him in my absence. I agreed, gradually Mohd Mairaj started coming to my
apartment as well. He asked me to do lot of his works which I did like
installation of meter at his brother's shop but his fault in bit low price
even. After a while, he proposed me married with him. I said I cannot as I am
fully focusing upon political career. He was jobless, used to get salary from
me. Day by Day hus attitude started getting rushed aggressive. Then, he
demanded for multiple foreign visa and to grant for him the loan of 20 lakh. I
refused. On 16 April 2016,He entered my house at 8:45 and tortured me brutally
and took my pictures and said now you cannot get married anybody else except of
me. I immediately rushed to FIA where I was advised to lodge complainant at
CPLC. Mairaj had escaped with 02 of my cell phones and money as well. I lodge
complaint at CPLC. He started coming at my apartment to open my door but I
instead of getting black mailed took apartment union into confidence, they
banned his entry in my apartment. He started calling me on cell. í blocked all
of his numbers. Then he started threatening me of killing me and kidnapping my
son. I
quickly changed my apartment. This thing made him mad and he
followed me and my all followers/ following and started abusing me on Twitter. SM952807
and uploaded many vulgar pictures and messages of kissing icons etc calling me
jano than aids patient and all abusive terms and started going my followers as
well. One more thing Mohd Mairaj Qureshi S/o Habib is a part of cyber criminals
who exhaust peoples ATM and debit cards and
I've handed over all his criminal data record file to FIA
Inspector Mr. Faridi Mohd Mairaj was departed from Saudi and Dubai. Lasted he
and his gang took out BMW on his Id card of worth Rs. 1.5 Crore. He is wanted
by Dubai Police.
I request FIA authorities to kindly take
stern immediate action against him as he is badly maligning my image. Please
for hereon sake me and my life is also
in severe danger. Kindly help me getting rid of the menace.
GROUNDS
1. That the applicant / alleged accused is absolutely innocent
who has been falsely implicated by the complainant with malafide intention of
FIA officials with ulterior motives.
2. That as per reports filed by process server, neither
complainant nor any prosecution witness is ready to appear before this Hon’able
court for evidence, hence this case is made of No Complainant.
3. That there is no any material evidence against the
applicant/accused come forward during the trial of the case and there is no
chance of conviction of accused in the future.
4. That the prosecution did not associate Saqib S/o Saleem as her
witness because in her complaint the complainant stated that the applicant/accused
was approached via his friend Saqib. therefore the complainant has failed to
established his case against the applicant/accused.
5. That there is no witness of several allegations made by
complainant against accused which needs to be proved by complainant in her
evidence but the complainant failed to appear before this Hon’able court.
6. That the applicant/accused never demanded financial/add or
money from the complainant but this is complainant who usurped a huge amount
from the applicant/accused for one and other need.
7. That the applicant/accused never proposed the complainant for
marriage because the complainant was already in Nikah of one Jahanzaib Khan and
she is still his wife.
8. That the complainant did not lodged any FIR against
applicant/accused for incident of 16-4-2016 as well the prosecution
has failed to produce such evidence regarding to the FIR against
applicant/accused.
9. That the allegation of cyber crime can never be proved
against applicant/accused in the court of law as neither incrementing material
nor electronic devices such as mobile, computer etc was recovered from the
accused during his arrest.
10.
That the
complainant stated in her complaint that “Accused is the part of cyber
criminals who exhaust people ATM & Debit cards”, but the prosecution
remained failed to produce any other complaint against the applicant/accused.
11.
That the applicant/accused his facing
the trial on every date of hearing without fail but the prosecution has failed
to produce there whole evidence and delay in the matter adversely effecting as
the applicant/accused is belong to a poor family and suffering day to day monitory
loss due to delay of the case.
12.
That in light of the evidence
come forward during the trial of the case there is no possibility of the
conviction of the accused hence this application U/S 249-A Cr.P.C.
13.
That all other grounds
shall be argued at the time of hearing with the permission of this Honorable
Court.
PRAYER
Therefore
it is respectfully prayed that keeping in view the above mentioned facts
grounds and the circumstances of the case this Hon’ble Court may be pleased
to and large him on bail in the interest of Justice.
Karachi:
Dated: .10.2021
ADVOCATE FOR THE
APPLICANTS/
ACCUSED
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