1. BHAJANDAS TEJWANI, J.---This is an application under sections 439 and 561-A, Cr.P.C. In which the applicants have challenged the order dated 12-4-2008 issuing proclamation under sections 87 and 88 Cr.P.C. In Sessions Case No,203/2007 against the present applicants and other co-accused nominated in the challan and further pray that proceedings pending before the trial Court in Sessions Case No,203/2007 against the applicants under F.I.R. No,65/2007 of Police Station, Tando Allahyar may be quashed.
2. ' The learned counsel for appellants has pressed this application on the grounds that three P. Ws have been examined in the case i.e, one complainant and two eye witnesses but they have not supported the case of prosecution and have not deposed against the applicants. Today a statement has been filed by learned counsel for the applicants along with true copy of order dated 7-9-2009 whereby the learned trial Judge has acquitted co-accused Habib and Ismail whose case is similar and identical to the case of present applicants. Not only this but the complainant who is present in Court has also submitted his no objection statement, asserting therein that the present applicants are innocent and they have not participated in the incident.
3. ' Learned D.P.G. In view of the no objection statement of the complainant states that since the complainant has asserted in his no objection statement that the present applicants are innocent and that the trial Court has also acquitted two accused having similar and identical roles. He further states that police during the course of investigation has reported that there are only two culprits of the incident i.e, one Ibrahim and other unknown therefore, he concedes for allowing this application for quashment of proceedings against the applicants.
4. I have heard the learned counsel for the applicants learned D.P.G. And gone through the statement of complainant and order dated 7-9-2009 passed by the trial Court whereby the co-accused namely Habib and Ismail having similar and identical role have been acquitted by invoking the jurisdiction under section 265-K, Cr.P.C. And in view of such position, this Criminal Revision Application is allowed. The proceedings against applicants Muhammad Usman, Muhammad Umar and Attaullah in Sessions Case No,203/2007 pending before the Court of learned VIIth Additional Sessions Judge, Hyderabad are hereby quashed.