1989 P Cr (PLP)

Javid Aziz Sindhu for the State. Date of hearing: 26th September, 1988. This petition under section 561‑A, Cr.P.C. has been filed by Muhammad Afsar against order dated 6‑4‑1986 of the learned Additional Sessions Judge, Rawalpindi by which he rejected his revision petition and confirmed order dated 5‑12‑1985 of the learned Judicial Magistrate, Rawalpindi rejecting his complaint under section

203. Cr.P.C The relevant facts of the case are that on 3‑12‑1985 the petitioner filed complaint under section 307/34, P.P.C. before the learned Magistrate regarding the occurrence having taken place on 8‑11‑1985. It was alleged in the complaint that the petitioner alongwith Aurengzeb, Ashraf and Muhammad Aslam were present in their land, when Muhammad Sadiq and Muhammad Safdar armed with pistols came there. Muhammad Sadiq raised `Lalkara' while Muhammad Safdar launched attack upon him. Muhammad Sadiq fired shot which hit on the leg of Safdar. Muhammad Sadiq lodged F.I.R. against the petitioner and others. The petitioner also reported the matter to the police. The petitioner was challaned under section 307, P.P.C. while the other accused were placed in column No. 2 of the final report. The learned trial Court recorded statements of the petitioner and other two witnesses, namely, Muhammad Aslam and Aurengzeb but due to delay in lodging the F.I.R. by the petitioner he dismissed complaint under section 203, Cr.P.C. Aggrieved by the aforesaid order the petitioner filed revision petition which was dismissed on 6‑4‑1986 by learned Additional Sessions Judge, Rawalpindi on the ground of delay in filing the complaint and also that the version put forward by the petitioner was not probable. Hence this petition. I have heard learned counsel for petitioner and for the State and have also perused the report submitted by the Judicial Magistrate, Rawalpindi, in respect of the case pending against the petitioner. It transpired that Muhammad Sadiq lodged F.I.R. 117 under section 307/34, P.P.C. on 8‑11‑1984 at Police Station Chauntra wherein the petitioner was challaned. He also filed private complaint and on 7‑2‑1985 the learned trial Court, besides the petitioner summoned other accused also under section 307/34, P.P.C. The aforesaid complaint as well as the challan case are being tried by Ch. Ghulam Dastgir, Judicial Magistrate, Rawalpindi. The next date fixed in those cases in 10-10-1988. The perusal of the impugned orders passed by the learned Magistrate and the learned Additional Sessions Judge referred to above shows that the complaint lodged by the petitioner was dismissed on untenable grounds. The ground of delay alone was not fatal to the trial of the complaint. The deeper appreciation of evidence at that stage, was also not warranted under the law in, the circumstances of the instant case. Moreover the impugned orders are likely to prejudice petitioner's defence at the trial.

4. In the result this petition is accepted, the impugned orders are set aside and the complaint lodged by the petitioner is directed to be tried by learned Judicial Magistrate, Rawalpindi with the aforesaid cases pending trial in his Court. M.A.K./M‑995/L Petition accepted.