Law:

Section:

(a) Penal Code (XLV of 1860)--­ ---- Ss.302/324/34 & 324/337/34 --- Constitution of Pakistan (1973), Art.199--­ Constitutional petition --- Cross-cases --- Trial of --- Complaint filed by accused containing counter-version of the incident, on which a challan case was already pending before Sessions Court, was dismissed by the Magistrate and the revision petition against that order was ' also dismissed by the Sessions Court-- Both the parties claimed to have fired in the exercise of the right of private defence at the time of occurrence resulting in death of a person on the complainant side and a compound fracture of the leg of one of the accused persons --- Both the cross-cases containing counter-versions of the same incident between the same parties under the established principle of law were to be tried by one Court and the impugned orders whereby the aforesaid complaint was dismissed had violated that principle --- Both the Courts had committed an error of law in deciding the matter and had gone outside their jurisdiction conferred on them --- Impugned orders were consequently declared illegal and of no legal effect and were set aside and the complaint was restored to the Court of Magistrate which had sufficient prima facie evidence for summoning of the accused and proceeding further in accordance with law--Constitutional petition was allowed accordingly. 1991 SCMR 1608; PLD 1984 Lah. 323; Abdul Rehman Bajwa v. Sultan and others PLD 1981 SC 522; Utility Store Corporation v. Punjab Labour Tribunal PLD 1987 SC 447; PLD 1974 SC 139 and 1974 SCMR 530 ref. (b) Criminal trial --­ ---- Cruss-uascs---Trial of --- Cross-cases containing counter-versions of the same incident between the same parties are to be tried by one Court, evidence is to be adduced side by side and is to be announced simultaneously. (c) Criminal Procedure Code (V of 1898)--­ ---- S.202 --- Inquiry under S.202, Cr.P.C. and regular trial --- Distinction. The object of an inquiry under section 202, Cr.P.C is to ascertain the truth or falsity of the complainant. There is a difference between a primary inquiry and a full dress trial by a Court. A private complaint can be dismissed after holding a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492