Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 200, 204 & 403---Private-complaint was admitted for regular hearing by the Trial Court but Appellate Court dismissed the same---Validity---Claim of complainant was not supported by any documentary evidence---Contention of complainant was found false during the course of investigation of FIR-case registered against the accused---Complainant had failed to produce any incriminating evidence against the accused which led to cancellation of FIR-case by the area Magistrate--- Private-complaint subsequently brought by the complainant could not be dismissed merely on the ground that on the very cause of action his case lodged through FIR had failed the test of investigation---Private-complaint would proceed independently on its own merits---Summonses or warrants should not be issued for causing the accused to be brought or to appear before the court in every FIR-case or a private-complaint-case---Impugned order had been passed in accordance with law---No illegality had been pointed out by the complainant in the impugned order passed by the Appellate Court---Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:---.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, the petitioner has challenged the vires of order dated 13.1.2011 passed by the learned Additional Sessions Judge, Toba Tek Singh, whereby an order of the learned magisterial/trial court, made on 27.10.2010 was set aside and the complaint-case filed by Muhammad Bashir (petitioner herein) was dismissed. 2. The relevant facts of the case, in brief, are that Muhammad Bashir (petitioner) got lodged case-FIR. No. 191/2010, dated 30.7.2010. under sections 382, 337-H(2), 148, 149 P.P.C. at Police Station Arooti District Toba Tek Singh with the contention that Khair Din and others (respondents Nos.1 to 20), joined by seven unknown persons, all armed with firearms, dandas and sotas trespassed on his agricultural land at about 8.00 p.m. on 21.4.2010 and forcibly harvested the wheat and barseem crops by means of a harvester and sickles; he reached there and showed them a…

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