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K.L.R. 2017 Criminal Cases 86

Muhammad Saeed and another vs The State and another

CitationK.L.R. 2017 Criminal Cases 86
CourtLahore High Court
Case No.Crl: Revision No, 428 of 2015
Date2016-05-18
Judge(s)Ch. Mushtaq Ahmad
ResultN/A

ORDER

1. ' CH. MUSHTAQ AHMAD, J. --- Through this petition, validity of summoning order dated 09.11.2015 has been called in question which was passed in private complaint titled Mst. Nasim Mai. Vs. Raham etc. Under Sections 302/324/365/341/148/149 PPC filed on 28.04.2015 in respect of an incident dated 08.08.2014 wherein Mansoor Ahmad son of petitioner Muhammad Saeed and husband of respondent No,2 Mst. Nasim Mai, was done to death. Petitioner, father of the deceased lodged FIR No,356/2014 at Police Station Kot Chutta District Rajanpur against two accused namely Allah Yar son of Jumma and Wasim son of lqbal. Investigation was conducted and on its completion challan was submitted before trial court against above mentioned two accused persons. Charge was framed against them on 15.10.2014 whereafter statements of the prosecution witnesses were also recorded. Mst. Nasim Mai, respondent, then moved a petition under Section 22-A,B Cr.P.0 before learned Justice of Peace seeking direction to S.H.O to register second FIR regarding the same incident against different set of accused namely Raham, Nawaz sons of Haider, Manzoor and Juma sons of Raham and one Maqsood Ahmad son of Allah Bakhsh alleging that in fact they had murdered Mansoor Ahmad, her husband and not the accused nominated in the FIR lodged at the instance of father of deceased. Learned Justice of Peace allowed the petition directing the S.H.O to register second FIR vide order dated 23.12.2014 which was challenged by the proposed accused Maqsood Ahmad in writ petition No,157/15. The above writ petition along with writ petition No,171/2015 filed by Mst. Nasim Mai for implementation of the same order came up for hearing before this Court on 08.04.2015 whereby the order passed by learned Justice of Peace dated 23.12.2014 was set-aside. Thereafter, Mst. Nasim Mai filed private complaint in which after recording cursory statements, the trial court summoned the accused vide order dated 09.11.2015, operative para of the same is reproduced as under- "Mst. Nasim Mai, the complainant herself appeared as PW-1, Dildar Parvaiz appeared as PW-2 and Muhammad Aqeel appeared as PW3. On behalf of the complainant, private complaint as Ex.PA, copy of postmortem report of deceased as Ex.PB. Attested copy of FIR No,356/13 u/s:324/34 PPC (added 302 PPC) Ex. PC, copy of writ petition No,171/2015 Ex.PD and copy of order dated 08.04.2015 in writ petition No,157/15 Ex.PE were produced in documentary evidence. The oral as well as documentary preliminary evidence produced by the complainant supported and corroborated the contents of the complaint Ex.PA. Prima facie, there is sufficient material on record to proceed against the accused for the offences u/s:302/341/148/149 PPC. Hence, the accused are summoned for 20.11.2015. The complainant is also directed to furnish

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