Case Details

Citation(s)
2016 SLG 1420 2016 SLD 1420
Lahore High Court
Crl. Revision No. 7 of 2016, 13.01.2016
KHALID MAHMOOD MALIK, J

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Faiz Fareed, Etc.

VS

The State, Etc.

Law:

Section:

Through this criminal revision, the petitioner has called in question order dated 04.11.2015, delivered by learned Additional Sessions Judge, Khairpur Tamewali, District Bahawalpur, whereby he summoned the petitioners to face trial in case F.I.R. No. 230, dated 23.08.2015, offence under Section 302/34 P.P.C. Registered at Police Station Khaipru Tamewali. 2. Learned counsel for petitioners argued that order of summoning of petitioners dated 04.11.2015, delivered by the learned trial Court is arbitrary as the petitioners were declared innocent and that the learned trial court has not considered the report under Section 173 Cr.P.C submitted by the police in its true perspective. He has relied upon case law titled "Haji Mehboob Khan and another vs. The State" (2002 P. Cr.L.J 340) and prayed for setting aside the impugned order. 3. Having heard learned counsel for the petitioners and perusal of record, it reveals that in the instant case, petitioner No.1 Faiz Fareed and Muhammad Safdar with one unknown person were nominated in the F.I.R. Khan Muhammad petitioner No.2 was involved subsequently in this case through supplementary statement of the complainant. During investigation, petitioners were found innocent and their names were placed in column No.2 of the report under Section 173 of Cr.P.C. While Muhammad Safdar accused was found guilty. After submission of report under Section 173 Cr.P.C, learned trial Court took cognizance of the matter and summoned both the petitioners to face trial in this case. In consequence, petitioners appeared before trial Court. Copies of relevant documents as required under Section 265-C Cr.P.C. Were delivered to the accused persons. Charge was framed against them and prosecution evidence was summoned. During trial proceedings, on 12.12.2015, petitioners did not appear and they were summoned through bailable warrants of arrest for 16.12.2015 and then non-bailable warrants for 02.01.2016 were again issued. It is in this background that the petitioners have filed the instant criminal revision. 4. No doubt, once an accused has…
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