Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302, 324, 148 & 149---Qatl-e-amd, attempt to commit qatl-e-amd, rioting, common object---Dismissal of complaint---Complaint was dismissed mainly on account of two reasons that there were contradictions in the cursory statements of the prosecution witnesses, with the averments of F.I.R. and that accused were absconders---Validity---Contents of the complaint as well as cursory statements and other material adduced by the witnesses of the complainant reflected that those were in line with the story advanced in the crime report lodged by complainant soon after the occurrence---Trial Court while giving finding on that score, had committed grave misreading and non-reading of material available on record, which in ordinary course of law, was not expected from such a senior judicial officer to act in such a casual manner---Accused, after lodging of F.I.R., had absconded; and after initiating proceedings under Ss.87/88, Cr.P.C. they were declared proclaimed offenders---On arrest of one of the accused persons, other accused persons got pre-arrest bail, and subsequently withdrew the same on account of having been declared innocent; and when the complainant came to know about that fact, he filed complaint, wherein accused did not appear and Police reported that they were fugitive from the law---Trial Court, in circumstances was not justified in dismissing the complaint for the reason that the matter was old one and accused were already declared proclaimed offenders---Findings of the Trial Court on that score were contrary to scheme of law on the subject---Findings of the Trial Court that by issuing process against accused person, it could create delay in disposal of trial against accused being against the norms of criminal justice, was not sustainable in the eyes of law---Impugned order of the Trial Court was set aside and as a result whereof the complaint filed by the complainant would be deemed to be pending before the Trial Court---Trial Court was directed to conclude the trial within three months from the receipt of said order, in circum-stances. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---By means of instant criminal revision…

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