ORDER MUHAMMAD NASEEM AKHTAR KHAN, J.---The petitioner has filed this revision petition against the order dated 19-7-2010 passed by Mr. Muhammad Zulfiqar Lone, Additional Sessions Judge, Shorkot District Jhang with a contention that the same has been passed in violation of the principles initiated for the determination of prima facie case keeping in view the sections 202/203/204 of Cr.P.C.
2. Briefly stated the facts of the case are that one Muhammad Taqi Shah was murdered on 30-7- 2009 at about 4-30 p.m. In the area of Police Station, Shorkot City District Jhang for which an F.I.R.
No. 826 of 2009 dated 30-7-2009 was registered under section 302/34, P.P.C. On the complaint of Mst. Anwar Bibi mother of the deceased. The challan of the said F.I.R. Has been submitted to the Court and partial evidence in the same has been recorded.
3. The petitioner c a ing himself to be the maternal uncle (0 of the deceased has filed this private complaint on 9-6-2010 alleging that actual assailants are Shafqat Hussain alias Bolu and Riaz Hussain alias Qomi. The place of occurrence has also been changed rather all the facts of the F.I.R.
Already recorded/given by mother of the deceased have been changed in the complaint. It will not be out of place to mention here that the learned trial Court is also seized of the challan case.
Learned trial Court after recording cursory evidence proceeded to dismiss this complaint with the following observations:-- "Filing of this private complaint by one of the P.Ws. Speaks a lot about truthfulness of the facts narrated in the private complaint. Apparently, it seems that the complainant has actively and deliberately attempted to prejudice the State case, which has been lodged on the statement of mother of the deceased. This being the position, I am not convinced with the facts and cursory statements of the complainant and P.Ws. Recorded in this private complaint. As such, this private complaint is hereby dismissed."
4. After hearing the arguments of the learned counsel for the petitioner, who has placed reliance on Nur Ellahi v. The State (PLD 1966 SC 708), Muhammad Akram v. Mir Aziz Ahmed, (2000 PCr.LJ 489) and Noor Muhammad v. The State and others (PLD 2007 SC 9) it has come out that the learned trial Court has not believed the contents of the private complaint given by the petitioner and has found no prima facie case to summon the accused mentioned in the complaint. In the presence of a version given by the mother of the deceased, the version. Recorded by the complainant, who claims himself to be the relative of the deceased, cannot be given any weight rather cannot be believed. The complainant has changed the entire story, which will hamper the case of the mother of the deceased given in the challan case.
5. According to law proper administration of justice is to believe the mother and not the relatives.
The complaint is mala fide and the case law referred by the learned counsel for the petitioner is not helpful for the petitioner because a prima facie case is to be determined by the Court by keeping his eyes open particularly when the trial of the challan case is already pending before him. The learned trial Court while passing the impugned order has not committed any illegality nor the impugned order is improper or incorrect. Hence, the revision petition in hand is, hereby, dismissed in limine.