Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 202---Penal Code (XLV of 1860), Ss.354-A/ 452/ 427/ 506-B/ 201/148/149---Assault or criminal force to woman and stripping her of her clothes, house trespass after preparation for hurt, assault or wrongful restraint, mischief causing damage to the amount of fifty rupees, criminal intimidation, causing dis-appearance of evidence of offence, or giving false information to screen offender, rioting armed with deadly weapons, unlawful assembly---Postponement of issue of process---Complainant (petitioner) had filed a private complaint and Trial Court after recording evidence of complainant, his wife and other witnesses, declined to summon the accused persons (respondents)---Validity---Proceedings under S. 202, Cr.P.C were carried out by the Trial Court and it found that allegations levelled in the complaint were based on solid foundation---Perusal of the statement of the wife of the complainant reveled that, prima facie, ingredients of S.354-A, P.P.C, were attracted, which could not have been rebutted by the Trial Court without sufficient material from the accused persons---Petition was allowed, case was remanded back to the Trial Court which was directed to decide the matter afresh after going through the material available on the record and proceed with the matter in accordance with the law. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through the instant criminal revision petition filed under section 439, Cr.P.C. Muhammad Amin/ petitioner has called into question the wires of impugned order dated 2-12-2011, passed by learned Additional Sessions Judge, Depalpur, District Okara; whereby while dismissing the private complaint, the learned trial court had declined to summon the accused/respondents No.2 to 10. 2. Facts of the case; in brief, arising out of the instant petition are that on 3-4-2011 at about 4-00 p.m. the accused/ respondents Nos.2 to 9 while armed with firearm weapons trespassed into the house and they gave kick and fist blows to the petitioner and his wife Mst. Noor Elahi. They also torn clothes of spouse of the petitioner due to which she was denuded/naked. On the hue and cry raised by the petitioner and his…

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