' About the murder of one Muhammad Saleem, Ch. Abdur Rehman petitioner got recorded F.I.R.
No,414, dated 14-12-1993 at Police Station City Shujabad, Multan wherein he named Muhammad Sadiq, Zafar Iqbal and Muhammad Azam as the accused/assailants. During the investigation the police declared Muhammad Sadiq and Zafar Iqbal as the innocent accused and submitted the challan under section 173, Cr.P.C. For the prosecution of Muhammad Azam.
2. Feeling aggrieved Ch. Abdur Rehman filed a private complaint against all the aforesaid three accused namely Muhammad Sadiq, Zafar Iqbal and Muhammad Azam in the Court of Ilaqa Magistrate who as contemplated under section 190(3), Cr.P.C. Sent up the same to the Court of Session, Multan. The learned Sessions Judge, Multan entrusted the matter to Mr. Muhammad Aslam Sumra, Additional Sessions Judge, Multan. He recorded the statement of Abdur Rehman complainant on 22-1-1995. Muhammad Azam accused of the police case was admitted to bail by this Court on 3-10-1994 and on the basis of some observation mentioned therein the private complaint was dismissed by the trial Court under section 203, Cr.P.C. To the extent of two accused Muhammad Sadiq and Zafar Iqbal. Hence this revision petition wherein the learned Assistant Advocate-General has put in the appearance.
3. After hearing the arguments addressed by the learned counsel for the petitioner as well as the learned Assistant Advocate-General it can safely be expressed that no reliance could be placed on order, dated 3-10-1994 whereby Muhammad Azam was admitted to bail and that on the basis of the said bail order the complaint could not be dismissed as expressed above. Legally the observations in an order disposing of a bail application would not be available for the final disposal of the private complaint. The complainant has been deprived of his legal right to produce the complete material before the trial Court. Learned Assistant Advocate-General has conceded that the complaint has to be disposed of in accordance with law after collecting the material to be produced by the complainant.
4. For what has been said above, I hold that this revision petition merits to be accepted. I, therefore, accept this revision petition and remand the matter to the Court of Mr. Muhammad Aslam Sumra, Additional Sessions Judge, Multan for further inquiry in the complaint. Obviously after collecting whole of the material to be produced by the complainant at the preliminary stage the matter shall be further processed with.
5. The legal consequence of the aforesaid direction would be that the proceedings in the challan case arising out of F.I.R. No,414/93 registered at Police Station City Shujabad, Multan shall remain stayed before the trial Court. Legally the proceedings in the complaint case have to be conducted first and after its disposal in accordance with law the challan case has to be touched.