Petitioner had filed Cr. R. No, 32 on 4.4.2000 in the Court of learned Addl. Sessions Judge-I Peshawar, which was dismissed for non-prosecution vide order dated 21.5.2003. Quashment of the said order has been sought through petition in hand.
2. Mr. Javed A Khan, the learned counsel representing the petitioner argued that the revision petition had been admitted to regular hearing and the same could not be dismissed for non- prosecution. Reliance in this regard was placed on Muhammad Hanif vs. The State (1991 P.Cr.L.J.
1353).
3. On the other hand Mr. Jamshed Khan, the learned counsel representing the State argued that the learned Court below has passed proper and legal order because in absence of the petitioner or his counsel the learned Court had no other option but to dismiss the petition for non-prosecution.
4. I have heard the learned counsel for the parties and perused the record.
5. The criminal revision petition filed by the petitioner had been admitted to regular hearing by the learned Addl. Sessions Judge-I Peshawar on 4.4.2000. The petitioner as well as his counsel had been appearing on each date. The learned Court below had requisitioned the record from P.S. Badaber but despite many adjournments, the record of the said case was not made available to the Court. Even on the preceding date i,e, 26.4.2003, the Court below did not receive the requisite record, hence SHO concerned was directed to submit the same without fail for 21.5.2003 and complainant was directed to be summoned for 21.5.2003, on which date, the revision petition was dismissed for non-prosecution. Since the case has been posted for receipt of the record and summoning the complainant, it was appropriate for the Court below to have adjourned the date and on receipt of the record and I after attendance of the complainant, the revision petition should have been decided on merits. It is by now settled that once a criminal revision is admitted to regular hearing, it cannot be dismissed for non-prosecution as held in Muhammad Hanif vs. The State. (1991 P.Cr.L.J. 1353).
I, therefore, allow the petition in hand, set aside the impugned order dated 21.5.03. The Criminal revision petition filed by the petitioner shall be deemed to be pending before the learned Addl.
Sessions Judge-I Peshawar, who shall on receipt of the record and after service of the complainant, decide the same on merits strictly in accordance with law within a period of 4 months. Parties are directed to appear before the said Court on 10.12.2003. Office is directed to remit the record to the concerned Court before the said date.