Law: Criminal Procedure Code (V of 1898)

Section: 200,203

Law: Penal Code (XLV of 1860)

Section: 302,148,149

Criminal Procedure Code (V of 1898)--- ----Ss. 200 & 203---Penal Code (XLV of 1860), Ss.302, 148 & 149---Qatl-i-amd and rioting armed with deadly weapons---Private complaint---Limitation---Petitioner was son of one of the deceased who filed a private complaint against all accused persons during pendency of challan case before Trial Court---Trial Court dismissed the complaint mainly for the reason that it was filed with an unexplained delay of 5 months---Validity---Although, no limitation was prescribed in criminal prosecution, yet it was undeniable that the longer a complaint was delayed the lesser chances of it being true, more particularly, when it was based on oral evidence---Filing of complaint in issue by complainant belatedly, looked nothing but a conscious attempt to defeat process of law already set in motion by complainant through his FIR and then by his private complaint against all accused---Trial was substantially progressed and a number of witnesses stood recorded by Trial Court---High Court declined to interfere in order passed by Trial Court as same was a mischievous transaction and rightly nipped in bud---Revision was dismissed in circumstances. JUDGMENT SHAHID HAMEED DAR, J.- The petitioner, Muhammad Riaz has questioned, through this revision petition, the validity of order dated 6.5.2014, whereby the learned Additional Sessions Judge, Faisalabad dismissed the private complaint filed by him for offences under sections 302, 148, 149 P.P.C. against Arif, Rauf, Amir Raza, Abid, Zafar Iqbal and Rehmat (respondents No.2 to 7). 2. Relevant facts of the case are that Waris Ali and Mst.Naziran Bibi, who were husband and wife inter-se, were murdered at 8.00 p.m. on 19.8.2013 by Sarfraz son of Mughla etc. in the backdrop of their love marriage with each other, regarding which FIR No.777/13, dated 19.8.2013, under sections 302, 148, 149, 109 P.P.C., was registered at Police Station Batala Colony, Faisalabad, with Ahmad Khan and Abid Ali being eye-witnesses thereof, at the instance of Arif Ali, real brother of Waris Ali; the police declared some of the accused guilty and some innocent, therefore, Arif Ali (respondent No.2) filed a private complaint…

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