' Criminal case F.I.R. No.270, dated 6-5-2002, under sections 324/337-A(ii)/34, P.P.C. Was registered at Po4e Station, Ghulam Muhammad Abad, District Faisalabad, on the report of Ghulam Qadir against four persons. According to allegations contained in the F.I.R., Rehmat Ali was fired at with a pistol by the petitioner. The victim was also injured allegedly by Zulfiqar Ali, as well.
2. Muhammad Saeed, petitioner and co-accused Zulfiqar Ali alias Zulfi were challaned to Court for offences under sections 324/337-A(ii)/34, P.P.C. Report under section 173, Cr.P.C. Was submitted in the Court of Judicial Magistrate with powers under section 30, Cr.P.C. The case was fixed before the Magistrate for summoning the accused, when Muhammad Saeed and Zulfiqar Ali stated that they wanted to plead guilty.
3. Accused thereafter made confessional statements before the Court. Both the statements are in the following terms:-- "I confess my guilt and request the Court to please forgive me in the name of Al-Mighty Allah.
(Sd.)
Magistrate Section 30.
Faisalabad."
4. In the view of the confessional statements made by accused, the trial Court awarded rigorous imprisonment for two years to each of the accused and fine of Rs.500 to the accused on both counts, in the event of default in the payment of fine, the convicts were to undergo one month rigorous imprisonment. Benefit of section 382-B, Cr.P.C. Was also given to the accused.
5. Ghulam Qadir, complainant, filed revision against the order, dated 1-7-2004, passed by Trial Magistrate before Sessions Judge, Raja Pervaiz Akhtar, Additional Sessions Judge, Faisalabad, maintained the conviction of the petitioner and held that he is liable to payment of Arsh amounting to 1/3rd of Diyat. The accused were directed to deposit the amount of Diyat in the trial Court within a period of 15 days.
6. Aggrieved of order dated 15-10-2004, under consideration petition was filed.
7. I have heard the learned counsel for the petitioner as well as the complainant.
8. In this case four persons were named as accused. An interim report under section 173, Cr.P.C.
Was submitted before the Magistrate. The rest of accused were yet to be summoned. Trial Magistrate ignored the provisions of Chapter XX of the Code of Criminal Procedure, 1898. Neither the statements of prosecution witnesses nor other documents were provided to the accused. No charge, under section 242, Cr.P.C., was framed against the accused. They were straightaway convicted when confessional statements were made and provisions of section 243, Cr.P.C., were also avoided. It is not known under which provision of penal law, the accused was convicted. The Magistrate was required to have 'framed a formal charge and thereafter when the accused pleaded guilty, then the Magistrate was required to issue a show-cause notice to the accused as to why they should not be convicted for the offences charged with. In this case, trial Court made a short shrift of the matter, ignored the entire law and procedure and convicted the accused without mentioning the particular offence for which they were convicted. Unfortunately the Additional Sessions Judge, who heard the revision petition, also did not advert to this aspect of the matter. As conviction of the petitioner and co-accused was recorded in the violation of law, both the orders namely one passed by Additional Sessions Judge, Faisalabad, dated 15-10-2004 and that passed by Magistrate Section 30, Faisalabad, dated 1-7-2004, are set aside. Report under section 173, Cr.P.C., filed by police shall be deemed to be pending before the Magistrate, who shall proceed in the mattered novo. He shall comply with the provisions of Chapter XX of Code of Criminal Procedure, 1898, and then pass any appropriate order in the matter.
9. As Muhammad Saeed petitioner A and co-accused Zulfiqar Ali alias Zulfi have already remained about two years behind the bars and are now out of prison, I am not inclined to send them to prison again. They shall be deemed to be on bail during the pendency of the trial and shall submit bonds in the sum of Rs.1,00,000 each with one surety each, under section 91, Cr.P.C. Before the trial Magistrate.
10. The Sessions Judge, Faisalabad, shall entrust the case for trial to another Judicial Magistrate.