Law: Criminal Procedure Code (V of 1898)

Section: 161,169,265-K,342

Law: Pakistan Penal Code, 1860

Section: 302,307

Criminal Procedure Code (V of 1898)--- ----S. 169---Discharge of accused by police---Scope---Accused discharged by the police under S.169, Cr.P.C. on ground of insufficient evidence, was summoned by the court---Validity---Eye-witnesses had exonerated the accused/ petitioner in their statements under S.161, Cr.P.C. but had implicated the accused/petitioner in their statements recorded by the Trial Court, which was a dishonest and deliberate improvement and could not be allowed to prevail in the given circumstances of the case---Said eye-witnesses had also equally implicated/charged the present accused and co-accused persons in their statements recorded before the Trial Court---Co-accused persons had already been acquitted by the Trial Court, hence there was no probability of the present accused being convicted of any offence on the basis of available evidence---To summon the accused/petitioner to face the trial in the circumstances, would be futile exercise and abuse of process of court---In the present case, the complainant had not requested/filed any application to summon the present accused/petitioner to face the trial---Impugned order for summoning the accused/petitioner was not tenable, in circumstances. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- Through the instant criminal revision petition, the petitioner has challenged the impugned judgment/order dated 17.3.2018 passed by the learned Additional Sessions Judge, Diamer whereby the learned trial Court has summoned the petitioner/accused namely Luban son of Mohammad Sharif resident of Fughuch Darel District Diamer who was discharged under section 169, Cr.P.C. by the Police and his name was placed in column No.2 of format of challan. 2. The brief facts leading to the filing of the instant criminal revision petition are that complainant Nakeel Khan had lodged FIR No.19/1996 under sections 302 and 307, P.P.C. at Police Station Darel District Diamer on 22.5.1996 stating therein that on 22.5.1996 at 7:30 A.M Master Azeem Khan, Master Mohammad Afzal and Master Mohammad Ghani were going to School at Kotokish to perform their duty. When they reached near Batali Phukuch Kote, accused/petitioner namely Luban and his…

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