Law:

Section:

ORDER

This petition under section 561-A of the Cr. P.C. by the petitioners, Maulvi Asad Ahamd alias Asad, and 17 others, is directed against the order of the learned Additional Sessions Judge, Faisalabad dated 12-3-1989, dismissing their revision petition for default of appearance.

2. The petitioners were summoned on a private complaint of Hafiz Muhammad Rafique by the learned trial Magistrate to stand their trial under sections 427 etc. of the P.P.C. The petitioners moved the Sessions Court under sections 435 and 439-A of the Cr. P.C. for setting aside the order of the Magistrate summoning them as accused persons on the ground that no offence was made out "against the petitioners from the evidence available on the file, as such the learned Magistrate has wrongly issued the process against the petitioners and that the complaint has been filed after a considerable delay". The revision petition was admitted to hearing by the learned Additional Sessions Judge's order dated 24-9-1988. After the receipt of record, the revision petition was adjourned twice, on the first occasion on the request of the complainant's counsel and on the second occasion viz. 24-1-1989 on the request of the petitioners' counsel. The revision petition was, in the presence of the petitioners' counsel and in the presence of the complainant, adjourned to 12-3-1989. On that date, when the case was caled, only the clerk of the petitioners' counsel was present; the petitioners were absent and so was their counsel. It is noteworthy that by the learned Additional Sessions Judge's order dated 24-9-1988, the petitioners had been directed to submit bail bonds in the sum of 8.5,000 each with one surety each in the like amount to the satisfaction of the trial Court and presumably in compliance with that order, the bail bonds had been filed.