Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 204, 203 & 154---Penal Code (XLV of 1860), S. 302---Qanun-e-Shahadat (10 of 1984), Arts. 117, 118, 119 & 121---Private complaint---Non-issuance of process---Petitioner filed private complaint and his grievance was that Trial Court declined to issue process against accused---Validity---Process within contemplation of S. 204, Cr.P.C. could be issued upon existence of 'sufficient grounds' to be contemplated on basis of cursory evidence---Formation of opinion by court did not require full dressed rehearsal nor anticipated failure of case of complainant would stand in impediment---Phrases 'sufficient grounds' and 'in the opinion of court' were expressions of higher import than mere accusations in contradistinction of information within meaning of S. 154, Cr.P.C.---Issuance of process required availability of proof in terms of Arts. 117, 118, 119 & 121 of Qanun-e-Shahadat, 1984---'Formulation of opinion' was not an exercise to be carried out subjectively and must be based upon some verifiable material capable of being transformed into evidence in order to sustain charge---Issuance of process warranted more objective and thoughtful consideration---High Court declined to interfere in order passed by Trial Court as there was no material illegality or flaw---Revision was dismissed in circumstances. (b) Criminal trial--- ----Cross version and defense version---Distinction---Cross version is distinguishable from defense version and while there can be no hard and fast rule to be applied with empirical exactitude in every case---Defense plea alone in absence of tangible material or forensic support, having regard to nature of charge, cannot be received as cross version so as to bring accused and accuser side by side in dock. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.- Assailed herein is order dated 20-08-2014 of a learned Additional Sessions Judge at Lahore whereby he declined to issue process against the accused arrayed in a private complaint on the charge of homicide. The issue cropped up in the aftermath of incident dated 14-08-2012 reported by Ghulam Abbas who alleged murder of his brother…

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