Law:

Section:

Criminal Procedure Code (V of 1898)-------Ss. 173 & 439---Adding and summoning, of accused---Only six accused were named in the F.I.R. and according to report under S.173, Cr.P.C. petitioners who were added and summoned were found to be innocent as they neither were placed in Column No.2 nor in Column No.3 of the challan---Order whereby petitioners were summoned was challenged by petitioner, alleging that same was arbitrary ---Validity--­Even accused who had been found innocent and police had discharged them, could be summoned to stand the trial because case was not cancelled---Accused placed in Column No.2 of challan could be summoned---Petitioners being named in F.I.R., Trial Court had rightly used its power to summon petitioners---No interference being called for, revision petition, was dismissed: PLD 1998 Lah. 523; 1982 PCr.LJ 52; PLD 1988 SC 52; 1988 SCMR 1428 and 1985 SCMR 1314 ref. ORDER It is contended by the learned counsel for the petitioner that the F.I.R was lodged in the case by Muhammad Ashraf complainant for the murder of Muhammad Shehbaz against six accused persons but later on, on the same day he submitted an application which is annexure 'B' in which he added 10 more accused. He submits that the challan was framed against the accused persons on 20-3-2004 that on 18-5-2004 formal witnesses were examined by the learned trial Court, that later on, on the verbal request of the complainant the learned trial Court has summoned the petitioners vide order dated 1-9-2004. He submits that order of summoning the petitioners is arbitrary because according to the statements- of the witnesses recorded under section 161 Cr.P.C. sixteen persons were named as accused. He further submits that neither the petitioners are placed in Column No.2 nor in Column No.3 of the challan so they could not be summoned. He has relied upon PLD 1998 Lahore 523 & 1982 PCr.LJ 57. 2. On the other hand…

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