Law: Pakistan Penal Code, 1860

Section: 365

Law: Criminal Procedure Code (V of 1898)

Section: 154,161,164,173

Penal Code (XLV of 1860)--------- ----------Ss. 365 & 395---------Criminal Procedure Code (V of 1898), Ss.154, 161 & 164---------Kidnapping or abducting with intent secretly and wrongfully to confine person, dacoity---------Prayer for summoning accused who were declared innocent by Investigating Agency and their names were placed in Column No.2 of report under S.173, Cr.P.C. was declined---------Three female accused were specifically nominated by the petitioner/ complainant in her statement recorded under S. 154, Cr.P.C.---------Abductee, after her recovery, in her statement recorded under Ss.161 & 164, Cr.P.C. had implicated remaining two accused persons by assigning a special role to them---------Trial Court while passing the impugned order, had based its finding on the result of investigation; without giving its own observation qua the available evidence; even the evidence recorded by the Trial Court itself had not been discussed---------In the present case, not only the statements of witnesses, were available against accused, but Medico-legal Examination Certificate, was also available on file, which were sufficient to issue process against accused---------Impugned order passed by the Trial Court and revisional court, were set aside---------Trial Court was directed to issue process against accused persons and to complete the trial swiftly. The State through National Accountability Bureau, Islamabad v. Haji Nasim-ur-Rehman PLD 2005 SC 270 ref. THIS JUDGMENT DELIVERED BY: SYED SHAHBAZ ALI RIZVI, JUSTICE:--------- Through this constitutional petition, the petitioner impugns the orders dated 21.05.2015 and 30.09.2015 passed by the learned trial court and learned Additional Sessions Judge, Rawalpindi, respectively, refusing the prayer made by the petitioner qua the summoning of respondents Nos.1 to 5, the accused persons of case FIR No.511 dated 18.07.2012 offences under Sections 365 and 395 of Pakistan Penal Code, 1860, registered with Police Station Civil Lines, District Rawalpindi, who were declared innocent by the Investigation Agency and their names were placed in column No.2 of the report under Section 173 of the Code of Criminal Procedure,…

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