The case has been called number of times, neither the petitioners nor their counsel has appeared.
Fixation of the case was duly notified yet nobody has appeared. It is 11-45 a.m. Even otherwise I have gone through the evidence with the assistance of learned counsel for the respondent as well as learned counsel for the State. The revision was admitted on the ground that the trial Court had issued processes to the accused persons on a complaint filed by the respondent Mst. Rabia Bibi, without recording her statement under section 200, Cr.P.C., going through the complaint it was also asserted in the petition that the complaint filed by Mst. Rabia Bibi was not signed by her. As far as the recording of statement of the complainant before issuance of processes is concerned, learned counsel for the respondent has relied upon PLD 1966 SC 17:1; wherein it has been held that failure to examine the complainant before issuance of processes is an irregularity curable under section 537, Cr.P.C. In any case her statement was recorded by a Magistrate holding inquiry under s section 202, Cr. P C. As far as the other point is concerned, I have noticed that at the time when complaint was filed Mst. Rabia Bibi was in custody in connection with a case, therefore, she could not possibly sign the complaint. After examining the record, I have noticed she had given a power of attorney to a counsel who filed the complaint. In these circumstances, I don't think serious notice of it can be taken even if complaint is not signed because the circumstances were definitely beyond her control.
3. For what has been discussed above, I find no merit in the petition, which is accordingly dismissed.