1. Petitioners through this revision petition have assailed the order dated 18-11-1991 passed by Mr. Abdul Razzaq Bhatti, learned Additional Sessions Judge, Faisalabad. Whereby he summoned the petitioners whose names were mentioned in Column-2 of the report submitted by the police under section 173, Cr.P.C. It is the case of the petitioners that after investigation the report was submitted under section 173, Cr.P.C. Against six .Accused and the petitioners' names were placed in Column-2 thereof. The learned Sessions Judge, Faisalabad, through his order, dated 17th of November, 1991 entrusted this case for trial to Mr. Muhammad Ikram-ul-Haq Chaudhry, learned Additional Sessions Judge, Faisalabad. However, on the 18th of November, 1991 the learned trial Judge was on leave and instead Mr. Abdul Razzaq Bhatti, Additional Sessions Judge was acting as a Duty Judge. On that date the Duty Judge in clear violation of law issued summons against the petitioners without application of mind. Hence this revision petition.
2. Learned State counsel as well AN learned counsel appearing for the complainant has conceded the proposition that the Duty Judge was not competent to pass the order impugned herein as the sole jurisdiction in this case was of the trial Judge to whom the case was entrusted for disposal. A Accordingly, this revision petition is accepted and the order dated 18-11-1991 passed by Mr. Abdul Razzaq Bhatti, Additional Sessions Judge, is set aside as having been passed without lawful authority and of no legal effect. This order will not preclude the learned trial Judge to whom the case has been entrusted to proceed in this matter strictly in accordance with law.