Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Pakistan Penal Code, (XLV of 1860), Ss. 324/365 337-A(ii)/337-F/148/149--Delay in filing the complaint in Criminal matters, it is immaterial--It was a counter blast--No defence was available as accused were not present before the Court--Both Courts below most probably on the basis of the statements of the petitioner and his witnesses that previously litigation between the parties was pending presumed that it was a case of counter blast or causing delay in disposal of the case pending against the petitioner's party is of no ground to dismiss the complaint--Held: Stage of summoning the accused u/S. 204 Cr.P.C. the trial Court is only to confined itself to the material available on record and on the basis of material any offence is made out the accused/respondents be summoned--Petition allowed. THIS ORDER PASSED BY: SAGHEER AHMAD QADRI, JUSTICE---.--- Dost Muhammad, petitioner-complainant filed private complaint under Sections 324/365/337-A(ii)/337-F/148/149 PPC before the Learned Judicial Magistrate Section 30, Burewala, District Vehari mentioning the facts that on 8.8.2001 his nephew Waqar S/o Sabir Hussain and brother Irshad at 7.30 a.m. were going for tuition purposes when they reached near Bhana Mochi suddenly accused Muhammad Hanif S/oGhulam Ali armed with Sota, Amanat Ali S/o Muhammad Hanif armed with .12 bore pistol, Muhammad Sharif S/o Jam Muhammad armed with .12 double barrel gun, Muhammad Iqbal S/o Hakim Ali armed with .12 bore pistol, Basharat Ali S/o Hakim Ali armed withSota, Ghulam Rasool S/o Faiz armed with rifle and Mehboob Ali S/o Yasin armed with .12 bore gun who were already present there stopped them. Basharat Ali and Muhammad Iqbal grappled them while Amanat Ali fired with .12 bore pistol hitting complainant's nephewZulifqar on his right leg who fell down. In order to save him Zafar S/o Jabar Hussain fell over him. The petitioner-complainant alleged that the aforesaid accused tried to abduct complainant's nephew and to lift to their land as they wanted to kill him. The other accused had been raising Lalkaras and they gave kicks and fists blows to Zafar due to which his right hand become…

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