Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 190, 173 & 561-A---Penal Code (XLV of 1860), Ss.380 & 511---Quashing of orders refusing to summon the accused---Complainant after fully implicating the accused respondent in his evidence moved an application before the Trial Court for joining him as accused in the trial, but the same was dismissed on the ground that police had not joined him as accused and if the complainant was not satisfied with the report of investigation he should file a direct complaint---Revision petition against the said order filed by the complainant was dismissed by Sessions Court on the ground that he had made delay in moving the application---Validity---Reasons given by the Trial Court and the Sessions Court for not joining the respondent as accused were not tenable in law---Courts were not bound by the ipse dixit of police,--Cognizance could be taken even on a negative report of police and a person exonerated by police could be joined as accused if he was found, prima facie, involved in the commission of the offence and his exoneration was not supported by evidence or was based on unsound reasons---Advising the complainant to file direct complaint against such person would have the effect of simply multiplying and prolonging the litigation---No period of limitation was also prescribed for prosecuting a person involved in the commission of an offence and he could be joined as accused at any stage---Court for the purpose of commencing proceedings for the trial of a person had to make only a tentative assessment of material collected by the investigating agency or produced before the Court and if a, prima facie, case was made out against him he was to be joined as accused---Exhaustive order dilating upon each and every aspect of the matter needed not be necessarily passed---Detailed and deeper appreciation had to be made at the final stage after recording evidence---Impugned orders were consequently set aside and the accused respondent was directed to be joined as accused in the trial---Petition was allowed accordingly. 1997 MLD 1430 dissented from. Safder Ali v. Zafar Iqbal 2002 SCMR 63; Mehboob and others v. Emperor 26 Cr.LJ…

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