| Citation(s) |
|---|
| 1984 SLG 385 1984 SLD 385 1984 PLD 323 |
Lahore High Court
Criminal Revision No. 631 of 1983, decided on 18th March, 1984
ABDUL WAHEED, J
Ch. Rafique Ahmad Bajwa for Petitioners. R. A. A wan for
Respondent
Criminal Revision No. 631 of 1983, decided on 18th March, 1984
ABDUL WAHEED, J
Ch. Rafique Ahmad Bajwa for Petitioners. R. A. A wan for
Respondent
MUHAMMAD SAEED AND 3 others
VS
THE STATE AND another--Respondents
Law:
Section:
(a) Criminal Procedure Code (V of 1898)-- S.202---Inquiry under S. 202--Object of inquiry is to ascertain truth or falsity of a complaint in order to prevent. person accused therein from being harassed ac all, or required to appear, if no prima facie case existed against him--Such inquiry not a regular trial, or a full-dress rehearsal for trial, for adjudging guilt or otherwise of person complained against but only an inquiry for finding out as to whether there was available sufficient evidence to put person complained against on trial and not sufficient evidence for convicting him. Syed Wahid Bux Shah v. The State and another P L D 1964 Kar. 316 ; Allah Yar v. The State 198 P Cr. L J 1526 ; M. B. Zaman, Advocate v. Rana Muhammad Sarwar 1968 P Cr. L 1 755 ; Vadilal Panchal v. Dattatraya Dulaji A I R 1960 S C 1113 ; Pramatha Nath Talukdar v. Saroj Ranjan Sarkar A I R 1962 S C 876 and Abdul Jabbar alias Achar v. The State 1974 P Cr. L J 110 ref. (b) Penal Code (XLV of I860)---- Ss. 148 & 302/149-Criminal Procedure Code (V of 1898), Ss. 202 & 439-Inquiry under S. 202, Cr. P. C.-Object of such inquiry to ascertain truth or falsity of complainant-Complaint in `inquiry under S. 202, Cr. P. C. examining besides himself four witnesses including doctor who conducted autopsy on dead bodies-Complainant himself not eye-witness of occurrence-Eye-witnesses stating that they saw accused committing crime-Medical evidence also supporting testimony of statements of such eye-witnesses-Failure of trial Court to examine witnesses who had been cited in complaint as eye-witnesses but instead examination of such witnesses who had not been so named specifically, held, not violative of any provision of law-Conclusion of trial Court that a prima facie case under Ss. 148 & 302/ ! 49, P. P. C. existed against accused not suffering from perversity-Interference by High Court in revision, held, not justified in circumstances. ORDER This revision petition is directed against an order passed by the learned Additional Sessions Judge, Lahore, on 20th June, 1983. 2. On 1st of December, 1972, at about noon Ashraf alias Gora son of Jalal Din, Hafizullah alias Bashir Munna and Boota Masih…
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