Law: Criminal Procedure Code (V of 1898)

Section: 233, 239

Criminal Procedure Code (V of 1898) Ss. 233 & 239-Private complaint and challan case-Cross-cases Two sets of allegations made in two cases as to weapons used as well as role ascribed to various accused-Materially different-Complaint case instituted subsequent to lodging of first information report not only carrying different names of some accused but at least one accused men tioned in first information report dropped in such case and another accused substituted in his place-Complaint case, held, to be taken up first for trial and Police challan case to be taken up thereafter joint trial being not permissible in circumstances.-[Cross-cases]. Date of hearing : 6th February, 1980.                                                                                                            JUDGMENT G. SAFDAR SHAH, J.-On 28-1-1970, at about 7-30 p. m. the appellant herein lodged an F. I. R. at the Police Station, Shujahabad, accusing therein seven persons, including respondents I to 4, for offences under section 148/ 302/307/ 452, P. P. C. read with section 149, P. P. C. for the murder of two persons named, Mastan Ali Shah and Maqsood Ahmad, as well as causing injuries to nine P. Ws. including P. W. Muhammad Bakhsh. After the usual investigation was completed in the case, the Police found accused Amir Bakhsh, Hafiz Ahmad and Ashiq Muhammad innocent and consequently challaned only the four respondents herein to Court to face the inquiry for offences under section 302/307/452 read with section 34 of the Pakistan Penal Code. The complainant party, however, felt dissatisfied with the investigation of the case and so one of the injured P. Ws. named Muhammad Bakhsh filed a private complaint on 27-4-1970 against accused Amir Bakhsh, Hafiz Ahmad and Ashiq, who were discharged at the instance of the Police, as well as against one Dost Muhammad (not named in the F. I. R.) for offences under sections…