Law: Criminal Procedure Code (V of 1898)

Section: 173,190

Law: Penal Code (XLV of 1860)

Section: 13-D

Criminal Procedure Code (V of 1898)     Ss. 173 190 Penal Code (XLV of 1860), 5.302 West Pakistan Arms Ordinance (XX of 1965), S.13 D Challan report Placing of accused in Column No.2 of report under S.173 of Cr.P.C. Summoning of such accused persons Jurisdiction of Trial Court Accused persons were found innocent by the Investigating Officer and were placed in Column No.2 of the report Trial Court on application made by the complainant, summoned the accused persons to face the trial Validity Report of Investigating Officer was not binding on the Court and notwithstanding recommendation of Investigating Officer regarding cancellation of case and discharge of accused persons from allegation, Trial Court was authorized to take cognizance as provided in S.190, Cr.P.C. Trial Court had rightly summoned the accused persons and there was no irregularity or illegality or impropriety in the order passed by the Court.   Inayatullah and others v. The State and others 1999 PCr.LJ 731; 1990 PCr.LJ 1190; 1993 PCr.Li 686 and 1991 PCr.LJ 443 ref.   Falak Sher and others v. The State PLD 1967 SC 425; Mukhtiar Ali and others v. Sono and others PLD 1993 Kar. 342 and 1998 SCMR 1128 rel.   Shaikh Amanullah for Applicants.   Manzoor Ahmed Junejo for Respondent No. 1   Mumtaz Ali Siddiqui for the State. ORDER 12. This revision application is directed against the order, dated 10 10 2000, passed by the 1st Additional Sessions Judge, Sukkur in Criminal Miscellaneous Application No. 10 of 2000 in Sessions Case No.78 of 2000. On 23 10 2000 the F.I.R. No.5 of 2000 was registered at Police Station Dubber of District Sukkur on the complaint of complainant Eidan son of Menhoon Mangrio in an offence under sections 302, P.P.C. and 13 D, Arms Ordinance against the accused Hasal son of Muhammad Mithal, Abdullah son of Noor Muhammad, Muhammad Waris son of Muhammad and Din Muhammad alias Dino son of Muhammad Mithal. After due investigation of the crime, the charge sheet was presented in the Court of Civil Judge and F.C.M., Rohri. The same was sent to the Court of Sessions Judge, Sukkur, as provided under subsection (3) of section 190, Cr.P.C. to stand their…

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