Law: Criminal Procedure Code (V of 1898)

Section: 435,439

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435 & 439--Pakistan Penal Code, (XLV of 1860), Ss. 302/34--Revision petition--Summoning of accused--Dismissal of--Petitioner lodged a crime report u/Ss. 302/34 PPC alleging therein that his step mother along with others have committed murder of his father. After a thorough investigation, the assertion of the petitioner/complainant levelled in the said FIR was founf false and frivolous and the police recommended the cancellation of FIR--Petitioner filed a private complaint and the Additional Session Judge dismissed the private complaint--Petitioner has cosiderly changed his story which he had earlier introduced by way of lodging the said FIR and the names of witnesses were not fopund in the FIR who deposed their cursory statements as CWs--The doctor categorically has given his opinion that the cause of death is cardiac arrest--The complainant was not available in the hospital at the time of death of his father. The previous grudge between the complainant and his father deceased also evinced from the record as deceased previously had lodged a FIR against his sons from his first wife and the petitioners and others had also grudge against as accused his father contracted second marriage with her and he also had transfer a portion of his property in the name of accused regarding which some litigation is pending between the parties--There was no sufficient material available with the trial Court to summon the accused persons to face the trial and the trial Court has rightly dismissed the private complaint. THIS ORDER PASSED BY: MUHAMMAD WAHEED KHAN, JUSTICE---.--- Through the instant criminal revision filed under Sections 435 and 439, Cr.P.C the petitioner has impugned the order dated 12.10.2018 passed by learned Additional Sessions Judge, Lahore with the following prayer: "Under the circumstances, it is most respectfully prayed that instant criminal revision may kindly be accepted and impugned order dated 12.10.2018 passed by learned Respondent No. 1 may very kindly be set aside, to meet the ends of justice. It is further prayed that during the pendency of the instant revision petition the proceedings of the…

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