Law: Criminal Procedure Code (V of 1898)

Section: 203

Criminal Procedure Cede (V of ------ Ss.  203 &  439~Compiain£—Dismissal    of--Order  ofs against—Trial court dismissing complaint (under S. 203, Cr, P. C.) on grounds of respondents having not bees chaHaned in State case arising out of very incident aod .applicant's application to jam respondents a^ co-accused having been rejected by its predecessor court—Held : Trial Court being neither competent to Jake »nto consideration police investigation conducted in State case nor being hound by order of its predecessor, case fo be remanded to trial court for further inquiry in accordance with provisions of S 203 Cr, P, C. [P. 250JA & B JUDGMENT Applicant abovenamcd, being aggrieved by order dated !2-IQ°198Q of the teamed Hnd. Addl, Sessions Judge, Dadu, by which applicant's, direct complaint filed against the respondents Nos, 2-4 was dismissed u/s. 203 Cr. P. C., has preferred the above petition on the facts and grounds mentioned in the memo, of above petition. 2.       The  main  contention  urged  by  the   icaraed    advocate for  the applicant before me was, that the Seamed trial court has  gone  beyond the scope of section 203 Cr, P, C. and relied upon the  police inquiry conduct­ ed in a murder case arising out of the same incident, in  which the  respon­ dent Nos. 2-4 were cot chalianed before the learned  trial court in question, In support of this contention, the learaed advocate for the   applicant relied upon case reported in 1969 Pak, Cr.  L. J. p. 692. 3.       The learned advocate for respondents Nos. 2-4 on the other hand submitted, that revision  is  an  equitable jurisdiction  and  since the only one injury has been attributed  to   Bashir, the order of dismissal  of the private complaint is legal and ought not to be interfered  with in present petition.  The learned advocate for respondents re!ied upon case reported in PLD 1973 Kar, p. 478.…