Law: Penal Code (XLV of 1860)

Section: 302, 147, 149, 337-A(iv), 337-A(ii), 337-F(iii), 337-F(i)

Law: Code of Criminal Procedure (CrPC), 1898

Section: 173, 190, 497

The order dated 19.09.2022 passed by the Lahore High Court in Criminal Revision No.55552 of 2022, which dismissed the petitioners' challenge against the trial court's order dated 08.06.2022 summoning them to face trial in a cross-version case under Sections 337-A(iv), 337-A(ii), 337-F(iii), 337-F(i), 147 & 149 PPC, has been set aside by the Supreme Court on 07.04.2025.

Penal Code (XLV of 1860)---

----Ss. 337-A (ii)(iv), 337-F(i)(iii), 147 & 149---Shajjah-i-mudihah, shajiah-imunaqqilah, ghayr-jaifah damihah, ghayr-jaifah mutafahimah and rioting armed with deadly weapons---Accused in column No. 2, summoning of---Cross version--Inordinate delay---Appellants were nominated in cross version by accused persons nominated in the FIR---After thorough investigation by police, appellants were shown in column No. 2 of investigation report---Trial Court did not concur with such report and summoned appellants to face the trial---Order passed by Trial Court was maintained by High Court in exercise of revisional jurisdiction---Validity--There was inordinate delay while introducing counter version---Medical report of injuries had been challenged before Medical Board constituted pursuant to Court's order but accused in FIR failed to appear for medical examination---Cognizance was taken under Section 190, Cr.P.C. by Trial Court, without summoning Investigating Officer or pointing out any error or illegality in the process of investigation---Both the Courts below failed to examine entire facts and material, including investigation of counter version case, and had failed to refer to any factual error or legal infirmity while discarding report furnished by Investigating Officer under Section 173, Cr.P.C.---Supreme Court set aside order passed by High Court---Appeal was allowed.