Challan case and private complaint

2013 MLD 1599 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 173 & 200Case of two versionsChallan case and private complaintConcurrent proceedingsStay of proceedings in challan caseScopeAccused persons (petitioners) were alleged to have committed the murder of the deceased

Complainant lodged F.I.R. against accused persons but during investigation police found all of them to be innocent and submitted challan against two co-accused persons declaring them to be the actual culprits

Subsequently complainant party, dissatisfied with police investigation, lodged private complaint against accused persons and also filed affidavits in favour of co-accused persons in the challan case, declaring them as innocent

Trial Court stopped proceedings in challan case and proceedings in private complaint were taken up and consequently accused persons were summoned

Accused persons filed application before Trial Court to stop proceedings in the private complaint and to initiate proceedings in the challan case, but same was dismissed

Validity

Case was of two versions

Police while discarding complainant's version as set forth in the F.I.R., introduced new culprits comprising of two co-accused persons with a new set of witnesses

Complaint case was to be taken up first in such circumstances

No legal infirmity was found in the order passed by the Trial Court

Revision petition was dismissed accordingly.