M.A. ZAFAR, J. - This order will dispose of Crl. R. No. 699 of 2006 filed by Maharri Ali against Jan Muhammad, Ihsan and Taj Muhammad respondents Nos. 1 to 3 and Crl. R. No. 465-09 filed by Jan Muhammad against Maham Ali and Faiz Ahmed respondents Nos. 2 and 3.
2. Brief facts of the case are that an F.I.R. No. 241/05, dated <28.5.2005 for offence under Sections 302/109/34, PPC was registered at Police Station Saddar Depalpur District Okara at the instance of Jan Muhammad respondent alleging therein that Mst. Imam Sain was married with Maham Ali son of Faiz Ahmed petitioner about 10/11' years back. From this wedlock, six children were born. About one year before lodging the FIR, petitioner levelled false allegations of objectionable relations of Mst. Imam Sain with one Jalal; he kicked her out alongwith children in wearing clothes. She came in the house of the respondent No. 1, the real father and started living with him. Petitioner and his father many a times came at the house of the respondent No. 1 and requested for reconciliation mala fidley with the intention to kill her. The respondent No. 1 called guarantee of respectable persons from the locality but they failed to provide guarantee of any respectable person. About 2/3 days before the occurrence of murder, the petitioner and his father inter se, came in the house of respondent No. 1 and tried to forcibly took her with them. Upon denial, they flared up and came in the night between 27/28.5.2005 at about 12 O'clock and murdered Mst. Imam Sain. For this occurrence, the aforesaid F.I.R. Was registered.
3. According to the respondent Jan Muhammad complainant of FIR, during investigation, it was proved that the murder was committed by the petitioner and his father Faiz Ahmed but they by mangling with the investigating officer, succeeded to get recorded a supplementary statement of the respondent No. 1. In the supplementary statement, which was never given by the respondent No. 1 before the police, he involved Muhammad Ihsan his real son and his friend Mumtaz @ Taji. The incomplete report u/s. 173, Cr.P.C. Was submitted against Muhammad Thsan and Mumtaz @ Taji before the learned Trial Court, who took cognizance in the matter on 01.3.2006.
4. Being dissatisfied with the police investigation, Jan Muhammad, the respondent No. 1 filed a private complaint under Sections 302/109/34, PPC on 19.11.2005 against Maham Ali, his father Faiz Ahnad and an unknown person, in which learned Additional Sessions Judge Okara recorded cursory evidence on 12.12.2005 and kept the same under consideration on 01.3.2006, private complaint lodged by Jan Muhammad respondent No. 1 was adjourned sine die and initiated proceeding in challan with the observation that the complaint can be got restored at the instance of complainant as and when the trial of case F.I.R. No. 241/05 is completed. The aforesaid order has been assailed by Jan Muhammad petitioner in Crl. R. No. 465-09 against Maham Ali and his father Faiz Ahmed. The learned Additional Sessions Judge vide order dated 01.3.2006 dismissed the complaint filed by Maham Ali petitioner holding that challan has been submitted by the police against the accused namely Muhammad Ihsan and Muhammad Taj. The said order has been assailed by Maham Ali in the present petition.
4. After hearing learned counsel for the parties and perusing the record I have concluded that the learned Additional Sessions Judge vide order dated 01.3.2006 passed in complaint titled "Jan Muhammad v. Maham Ali etc." wrongly stayed the complaint case and proceeded with the challan case; he ought to have proceeded with the complaint case and stay the proceedings of challan case in view of the dictum laid down by the Hon'ble Supreme Court of Pakistan in case of "Noor Elahi v. The State and two others" (PLD 1966 SC 708).
5. For the foregoing reasons, Criminal Revision No. 465-09 filed by Jan Muhammad is accepted and the impugned order dated 01.3.2006 passed by the learned Additional Sessions Judge Depalpur is set aside with the result that trial will proceed in the complaint case and the challan case will remain stayed till the decision of complaint.
6. So far as Criminal Revision No. 699-06 against the order dated 1.3.2006 passed in complaint titled Maham Ali v. Ihsan etc. Filed by Maham Ali against Jan Muhammad and others, is concerned, the challan against Muhammad Ihsan and Mumtaz alias Taji has already been "submitted by the police under Section 302/34, PPC, which is pending adjudication and the learned Additional Sessions Judge Depalpur vide order dated 01.3.2006 dismissed the complaint due to the pendency of the challan case and started proceeding in the challan case. The order passed by the learned Additional Sessions Judge Depalpur dismissing the complaint and proceeding in challan case is totally contrary to the dictum laid down by the Honourable Supreme Court of Pakistan in case of "Noor Elahi v. The State and two others" (PLD 1966 SC 708), therefore, the impugned order dated 01.3.2006 passed by the learned Additional Sessions Judge Depalpur is set aside. Resultantly, the complaint filed by Maham Ali against Ihsan and others is restored with the exception that only Ihsan and Taj Muhammad will face the trial. The acquittal of Jan Muhammad who is an accused of abetment is maintained* however in view of the revival of complaint filed by Maham Ali, the proceedings will be held in complaint filed by him titled "Maham Ali v. Ahsan and others" and complaint filed by Jan Muhammad titled "Jan Muhammad v. Maham Ali etc.''] challan case filed against Muhammad Ihsan and others will be taken up after decision of the complaint as per guideline given in the aforesaid judgment. Both-the complaints shall proceed separately.