Law: Criminal Procedure Code (V of 1898)

Section: 540-A

JUDGMENT-SHEET ARBAB MUHAMMAD TAHIR, J: Through the instant revision petition, petitioner namely Muhammad Shahzad  alias Dad, impugns order dated 20.01.2022, passed by the learned Additional Sessions Judge-IV, Islamabad (East) whereby his application in terms of Section 540-A Cr.P.C for exemption from personal appearance was dismissed in following terms:-   “Perusal of record reveals that after admission of instant private complaint accused were summoned by the court. All the accused persons except Muhammad Shahzad appeared before the Court and submitted their bail bonds but accused/petitioner Muhammad Shahzad instead of appearing before the court filed the application for his exemption. There is no signature of the petitioner on the application. Furthermore, no Wakalatnama signed by the petitioner is annexed with the application. .Before framing of charge, attendance cannot be dispensed with. At the time of exemption physical presence of petitioner/accused is necessary and after his physical presence if the court comes to the conclusion that petitioner is incapable of remaining before the court, he may be exempted from his personal appearance. Accused/petitioner is required to appear before the Court for the purpose of framing of charge but he instead of putting his appearance before the court filed this exemption application. The presence of accused /petitioner is necessary for the framing of charge and before framing of charge his attendance cannot be dispensed with. Instant application is without any force same is dismissed.”   .   Tersely, petitioner along with 9 others were booked in FIR No.380 dated 26.11.2019, under Section 302, 371-A, 371-B, 148 and 149 PPC, registered on the complaint of respondent No.1 namely Akhlaq Ahmad at Police Station Lohi Bher, Islamabad. In the State Case, the prosecution recommended to challan the accused persons by placing them in column No.2 as pursuant to investigation conducted by the Special Investigation Team-SIT, they were declared innocent as no evidence with regard to commission of qatli-amd had surfaced. After submission of challan, petitioner along with other accused persons was…