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Constitution of Pakistan (1973)-----Art. 185(3)--Criminal Procedure Code (V of 1898), 5.439 read with Ss. 193(1) & 265-K--Petitioner, accused in a murder case, treated by Police as innocent and placed in column 2 of challan--Sessions Court summoning accused petitioner for trial--Petitioner's counsel remaining unable to advance any cogent argument for proposition that even in a proper case, if Magistrate refuses to summon such accused, Sessions Court had no power to summon him--Leave to appeal refused. Agha Aziz Ahmed, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record (Absent) for Petitioner. Malik Rab Nawaz Noon, Advocate Supreme Court for Respondent No.2. Date of hearing: 18th April,1984. ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment dated 1-2-1984 of the Lahore High Court; whereby a Criminal Revision filed by the accused petitioner, was dismissed. Learned counsel, has summarised the facts in so far as this petition is concerned as follows:- That the petitioner was accused in a murder case but the police treating him innocent placed him in column No.2 of the challan. The learned Magistrate nevertheless summoned him and sent him for trial before the Sessions Court. The said Court however, did not proceed against him on the ground that the trial which had already commenced in which cognizance of the case had been taken, was purported to be only against the court accused of the petitioner. The complainant party went in revision before the High Court which was allowed on 31-1-1983 and the case of petitioner was sent to the Sessions' Court for fresh decision. This order was not challenged by the petitioner. It was conceded from the petitioner side before the High Court then that the Sessions Court had the power to summon a person shown in column No.2 of the challan as an accused person in a case exclusively triable by such Court. After the remand the Sessions Court noted and passed the order as follows: "For the foregoing reasons the application is accepted. The accused Mohammad…

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