Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Criminal Procedure Code (V of 1898)

Section: 200,204,265-K,561-A

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----S. 302/34---Criminal Procedure Code (V of 1898), Ss. 200, 204, 265-K & 561-A---Constitution of Pakistan, Art. 199---Constitutional petition---Qatl-e-Amd---Quashing of private complaint---Summoning of accused---Evidence, recording of-Accused were summoned in complaint case and charge was framed against them---Trial Court dismissed application under S. 265-K, Cr.P.C. filed by accused persons---Validity---Summoning of accused in complaint case and normally framing of charge did not necessarily mean that he stood convicted---Evidence of five prosecution witnesses had been recorded and neither that piece of evidence was discussed in the order passed by Trial Court nor in the application---Accused did not mention any such benefit in their application, which could be derived from evidence of witnesses and nor that evidence was annexed with petition to be examined by High Court---Order passed by Trial Court dismissing application under S. 265-K, Cr.P.C., did not contain any illegality, perversity or any arbitrariness---High Court declined to interfere in the order passed by Trial Court dismissing’ application under S. 265-K, Cr. P. C. ---Petition was dismissed in circumstances. Bashir Ahmad v. Zafar-ul-Islam and others PLD 2004 SC 298; The State through Advocate-General, Sindh High Court of Karachi v. Raja Abdul Rahman 2005 SCMR 1544; Shaikh Muhammad Yamin v. The State 1973 SCMR 622 and Sheikh Mahmood Saeed and others v. Amir Nawaz Khan and another 1996 SCMR 839 ref. ORDER MUHAMMAD QASIM KHAN, JUSTICE:---.--- Through this petition, petitioner has challenged the order dated 15-7-2010, passed by learned Additional Sessions Judge, Khanpur District Rahimyar Khan and also prayed for quashing of complaint titled "Hasina Bibi v. Muhammad Aslam and others". 2. Learned counsel for the petitioner argued that a case F.I.R. No.268 of 2006 was registered on the statement of respondent No.2, at Police Station Zahir Pir Tehsil, Khanpur for offences under section 302/34, P.P.C. The respondent and her witnesses fully supported the story narrated in the above mentioned F.I.R. and petitioner persue the case during investigating, during bail proceedings…

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