1. ' A case under section 302, P.P.C. Was registered against the petitioners at the instance of Akhtar Hassan, for the murder of Abdullah Khan, at Police Station Mochh, District Mianwali. The police, after investigation, came to the conclusion that the petitioners were not liable under section 302, P.P.C.
2. And so challan under section 307, P.P.C. Was submitted against them to the Court of a Magistrate.
3. Respondents 2 to 8 were found responsible for the death of Abdullah Khan. They were also held liable for having committed offence under section 302, P.P.C. A challan under section 304, P.P.C.
4. Was submitted against them. Both the challans are pending trial in the Court of Mr. Muhammad Khan Mohal, Judicial Magistrate, Mianwali.
5. ' In the meantime Asghar Hasan, brother of Akhtar Hasan complainant, filed, a complaint under section 302/307/148/149, P.P.C. Against the petitioners. In that they have been summoned and the case is fixed for trial before Mr. Allauddin Arshed, Additional Sessions Judge, Mianwali.
2. The two cases pending in the Court of Judicial Magistrate, Mianwali since also pertain to the same occurrence and about the death of same person, it would be in the interest of justice if those two cases are also tried alongwith the complaint case filed by Asghar Hasan, for the murder of his father. Both the cases, i,e, the one under section 307, P.P.C. Against the petitioners and the other, under section 304, P.P.C. Against respondents 2 to 8, are, therefore, ordered to be withdrawn from the Court of Mr. Muhammad Khan Mohal, Judicial Magistrate, Mianwali, and are entrusted to the Court of Mr. Allauddin Arshed, Additional Sessions Judge, Mianwali, for trial alongwith the complaint case. .