1. ' FARRUKH ZIA G. SHAIKH, J.--- Applicant Mehrab son of Karim Bux by caste Chacher has filed this criminal revision application under sections 435/439, Cr.P.C. Against the order, dated 26-9-2008 passed by learned IIIrd Additional Sessions Judge, Mirpura Mathelo, on an application under section 193, Cr.P.C. Filed by the respondent No,2/complainant Muhammad Bux for joining the applicant as an accused in Session Case No,272 of 2006 (State v. Palyo and others), which was allowed and the applicant was ordered to be joined as an accused to face the trial.
2. ' Succinctly, the facts are that the case was initiated on an F.I.R. Lodged at the instance of complainant Muhammad Bux son of Abdul Haleem by caste Chacher, on 28-2-2006 stating therein that Niaz Muhammad aged about 28 years was his younger brother. There is an old matrimonial dispute going on with Mehrab (applicant), on which Mehrab remained aggrieved and used to issue threats of dire consequences. On the day of incident, the complainant along with his brother Niaz Muhammad and Anwar had gone to their maternal-uncle namely Rais Jan Muhammad Chacher and wherefrom they were returning to their house on foot and at 4-00 O'Clock evening when they reached at the land of Mehrab Chacher, all of sudden, accused namely Mehrab (applicant) and Palio armed with guns, Walio armed with rifle, Mir Muhammad armed with pistol and Sachal empty-handed came in front of them and on the instigation of accused Sachal, Mehrab (applicant) and accused Palio fired with their gun upon Niaz Muhammad, which hit him on right arm and on chest side, who raised cries and fell down and died. Hence the F.I.R. Was lodged.
3. After the registration of F.I.R., on 28-8-2006, the challan was submitted, showing the applicant Mehrab in Column No,2. The respondent No,2/complainant Muhammad Bux filed application under section 193, Cr.P.C. Which was allowed under the order impugned; hence this criminal revision application.
4. ' Mr. Abdul Majeed Memon, learned counsel appearing on behalf of the applicant, has argued that the Investigating Officer after conducting investigation placed the name of applicant in Column No,2 of the challan and released him under section 169, Cr.P.C.; that the learned trial Court has seriously erred by joining the present applicant as an accused to face the trial, without any fresh material brought on record and has discarded the report of the Investigating Officer without any legal justification; that the learned trial Court without recording evidence, has issued NBWs. For the arrest of the present applicant though his name has been placed in Column No,2. In the last he has submitted that the order of the learned trial Court, is harsh and hasty; hence not sustainable in law, liable to be set aside.
5. ' On the other hand, Mr. Ghulam Sarwar Korai, learned counsel appearing on behalf of the respondent No,2/complainant, has submitted that in the F.I.R. The applicant along with co-accused Palio has been assigned specific role of direct firing at deceased Niaz Muhammad, who died at the spot; that no material was available with the police declaring the applicant Mehrab as innocent and placing his name in Column 2 of the challan simply on the facts of 161, Cr.P.C. Statements of P.Ws. In the last he has supported the impugned order being free from any illegality or infirmity, and stated that the learned trial Court has rightly passed the order for joining the applicant as an accused to face the trial, which does not call for any interference by this Court under the exercise of its revisional jurisdiction. In this respect reliance is placed upon the case of Safdar Ali v. Zafar Iqbal and others 2002 SCM R 63 and U.C. Of this Court in Criminal Revision Application No,S-75 of 2008.
6. ' Mr. Agha Ather Hussain, learned Assistant Advocate-General, Sindh appearing on behalf of the State, has vehemently opposed this criminal revision application and has adopted the same arguments as advanced by Mr. Korai, learned counsel appearing on behalf of the respondent No,2/complainant.
7. ' I have considered the arguments of Mr. Abdul Majeed Memon, learned counsel appearing on behalf of the applicant Mehrab, Mr. Ghulam Sarwar Korai, learned counsel appearing on behalf of the respondent No,2/complainant Muhammad Bux and Mr. Agha Ather Hussain, learned Assistant Advocate-General, Sindh appearing on behalf of the State at length and with their assistance/ I have also scanned the material available on record very carefully.
8. I have gone through the impugned order and find the same to be free from any illegality or infirmity, which does not call for any interference by this Court under the exercise of its revisional jurisdiction. The operative part of the impugned order is reproduced as follows:--- "According to the F.I.R., accused has played a predominant role in the alleged offence and due to his firing injured/deceased has received injury on his right arm. The contents of F.I.R. Also corroborate the 161, Cr.P.C. Statements of P.Ws. Anwar, Kehar, and Ghulam Rasool, therefore, it is for the Court to decide about the fate of the present accused, rather then declaring innocent by police for keeping in Column No,2. Mean there is sufficient material for connecting the present accused with the alleged offence."
9. ' In this respect, I have also gone through the case of Safdar Ali (supra), wherein Honourable apex Court has held that the trial Court can summon the accused placed in Column No,2 of the challan to face the trial and there is no legal bar whatsoever that at the first instance, the evidence should be recorded in order to ascertain whether a prima facie case is made out against them.
10. For what has been discussed above, I do not see any justification in this criminal revision application and dismiss the same.
11. ' The criminal revision application stands disposed of along with listed application.