Law: Criminal Procedure Code (V of 1898)

Section: 203, 344

Criminal Procedure Code (V of 1898), Ss. 203 & 344-Dismissal of complaint-Complainant pursuing case throughout its protracted course seeking adjournment on date fixed for evidence-Telegram and application seeking adjournment supported by medical certificate of illness received in trial Court---Complainant also filing petition for summoning of his witnesses earlier-Orders of lower Courts dismissing complaint as founded on baseless charge set aside and Court directed to proceed with case.   JUDGMENT This revision petition is directed against the order of Sh. Bashir Ahmad, Additional Sessions Judge, Muzaffargarh, dated 13th of December 1968, whereby he armed the order of the" Sub-Divisional Magistrate, Leiah, dated 3rd of April 1968, dismissing the complaint of the petitioner filed against the respondents under sections 148, 342, 427 and 447 read with section 149 of the Pakistan Penal Code. 2. A perusal of the file shows that the complaint was filed on 14th of October 1966. The accused were summoned on 17th of October 1966, and the prosecution evidence was summoned for 11th of November 1966. Before this date could reach, the case stood transferred to the Court of the Sub-Divisional Magistrate, Leiah. He passed an order on 22nd of December 1966, summon ing the complainant in the case. The complainant appeared on 2nd of January 1967, and the accused were summoned for 19th of January 1967. The accused did not appear on the date fixed. They were again summoned for 2nd of February 1967. On this latter date, four accused appeared and the others were absent. Warrants were issued against them for 17th of February 1967. On 17th of February 1967, the complainant and the accused were present. The prosecution evidence was summoned for 4th of 'March 1967. 3. It appears that a revision petition had been filed in the Sessions Court against the summoning of the accused persons. The file remained with the Sessions Judge till 6th of December 1967, and before this date the case being adjourned from time to time. 4. The parties were summoned for 22nd of December 1967. Nobody appeared on this date and the case was adjourned twice to secure the presence of the…