Law:

Section:

Penal Code (XLV of 1860)------Ss. 302/324/342/365/440/468/471/511/148/149/38---Criminal Procedure Code (V of 1898), Ss.202 & 265-K---Qatl-e-amd, attempt to commit qatl-e-amd, kid-napping and abduction---Private complaint---Quashment---During pendency of F.I.R., private complaint was filed against accused in which process was issued by Trial Court and accused were summoned but High Court quashed the proceedings of complaint---Validity---Complainant had filed complaint regarding same occurrence and Trial Court had summoned the accused to face trial after recording preliminary evidence---High Court had given findings on merits despite the fact that no evidence had been recorded so far as at relevant time trial had not commenced and complainant was condemned unheard---Law could favour disposal of cases on merits---It was in the interest of justice that both the parties be provided opportunity to prove their version by producing evidence---Supreme Court set aside the passed 'by High Court and directed Trial Court to dispose of the complaint in accordance with law---Appeal was allowed. Dr. Abdul Basit, Advocate Supreme Court for Petitioner. Nemo for Respondents. Shabbir Lali, A.P.G. for the State. Date of hearing: 20th July, 2009. JUDGMENT SYED SAKHI HUSSAIN BUKHARI, J.--- This appeal by leave of this Court is directed against the judgment dated 30-9-2008 passed by learned Lahore High Court, Lahore whereby Criminal Misc. No.16-Q of 2008 brought by respondents Nos. 2 to 8 was accepted, orders dated 31-7-2007 and 6-8-2008 passed by learned Sessions Judge, Khushab were set aside and proceedings in complaint filed by Asif Iqbal, appellant were quashed. 2. The brief facts of the case have been given in paras Nos. 4 and 5 of the impugned judgment which read as under:-- "4. The brief facts of the case as per F.I.R. are that on 18-5-2006 at about 5-15 a.m. Muhammad Hussain and Zahid Husain were going from the dera of complainant to land situated in Gabair Wala for watering. When they reached near "Barsati Nola" Khabeki at about 6-00 a.m., suddenly accused persons, Sohail, Ejaz Ayub, Arshad, Khasif Iqbal, Dost Muhammad, Noor Ahmad along with ten unknown persons armed with…

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