Law: Criminal Procedure Code (V of 1898)

Section: 173,200

Law: Pakistan Penal Code, 1860

Section: 302,337J,34

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 173 & 200---Penal Code (XLV of 1860), Ss. 302/337-J/34---Qatl-e-amd, causing hurt by means of a poison, common intention---Dismissal of private complaint on basis of unproved summary evidence---Legality---Allegation against accused persons (respondents) was that they had killed the deceased (complainant's brother) by administering poison to him---Police during investigation found the accused persons as innocent and recommended case for cancellation, which prompted the complainant to lodge a private complaint---Trial Court after recording summary evidence of complainant dismissed his private complaint without summoning accused persons on the ground that on basis of summary evidence there would be no probability of conviction of accused persons--- Validity--- After recording evidence of complainant Trial Court was not left with the option to dismiss the private complaint on the basis that there was no probability of conviction of accused persons as such exercise could be undertaken by the court subsequently on the application of accused persons---Trial Court passed a verdict after relying on unproved summary evidence, therefore, said verdict did not enjoy any sanction of law---Such exercise of jurisdiction by the court could be termed as an illegal act---Revision petition was allowed, impugned order of Trial Court was set aside and the court was directed to hold the trial of the complaint case and to stop proceedings in the challan case till the decision of the complaint case. Noor Elahi v. The State and 2 others PLD 1966 SC 708 and Mst. Haleema Bibi v. The State and another 2008 YLR 1144 rel. Syed Ghulam Murtaza v. Baber Akbar 1991 PCr.LJ 720 and Abdul Rehman and others v. The State PLD 1983 SC 73 distinguished. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 173 & 200---'Challan case' and 'complaint case'---Mode of trial---Preference---Question was as to which case was to be tried first---Where a person was dissatisfied with the findings of the police in respect of the allegations levelled in his crime report, criminal complaint lodged by him would be put to trial first, while the proceedings in the…

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