' This revision petition has been filed against the order dated 3-6-1991 passed by Mr. Ikram-ul-Haq, Additional Sessions Judge, Faisalabad whereby the complaint of the petitioner pending in the said Court was dismissed due to absence of the petitioner.
2. The complaint filed by the petitioner under section 325/148/149, P.P.C. Was pending in the Court of Additional Sessions Judge, Faisalabad and was fixed for recording of evidence on 3-6-1991. The complainant party in a State case wanted to prevent the petitioner from producing evidence against them. The complainant party in connivance with the local police got registered a case under section 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 vide F.I.R. No,305 dated 2-6- 1991, Police Station Tandalianwala, District Faisalabad and the petitioner was arrested and could not appear on 3-6-1991. The petitioner was on bail in a murder case and due to his absence his bail bond was cancelled and on 3-7-1991 Falak Sher Head Constable had stated that he had verified that the petitioner had been arrested in the above-said case and the next date of hearing was fixed 21-8-1991 on which the petitioner was not produced from the jail and the hearing was adjourned to 5-9-1991.
3. It is contended that non-appearance of the petitioner in the Court of Additional Sessions Judge on 2-6-1991 was not intentional and the learned Additional Sessions Judge had dismissed the private complaint illegally.
4. Learned Additional Sessions Judge had no jurisdiction to dismiss the complaint as the offences for which the accused were summoned were cognizable as well non-compoundable. The petitioner was prevented from attending the Court as he was in police custody in case F.I.R. No,305, dated 2-6-1991, Police Station Tandlianwala. Learned counsel for the respondent has not opposed the petition.
5. The impugned order dated 3-6-1991 dismissing the complaint due to absence of the petitioner is set aside. However, the learned Additional Sessions Judge shall see that the complaint and the State case are finally decided within four months.
Revision .