JUDGMENT MIAN ABDUL KHALIQ, J.- Abdur Razzaq and Abdur Rehman sons of Muhammad Tufail, petitioners have assailed the impugned order dated 22-9-1992 passed by the learned Additional Sessions Judge, Sheikhupura, whereby the petitioners were summoned as accused to face trial in case F.I.R. No. 135/90 registered at Police Station Shahkot, District Sheikhupura on the complaint of llam Din.
2. Ilam Din complainant in the F.I.R, alleged that co-accused Arshad had procured a sale deed through fraud and misrepresentation and on coming to know that Muhammad Sadiq, brother of the complainant wanted to launch proceedings, the petitioners along with their co-accused armed with deadly weapons reached and forcibly abducted Muhammad Sadiq for the purpose of murdering hint. The complainant on the next day made a supplementary statement exonerating the petitioners, cited in the F.I.R, as accused. The Investigating Officer also recorded statements of Ilam Din, Dilawar Hussan, Maqsood Ahmad, Khurshid Ali P.Ws, (eye witnesses) who had not named the petitioner as accused during investigation.
3. A report under section 173 Cr.P.C, was submitted wherein the petitioners w ere also not named as accused and even not placed in column No. 2 of the challan.
4. The learned Additional Sessions Judge vide his impugned order had summoned the petitioners to face trial after perusal of the M.R. And other documents. No doubt in the F.I.R, at first complainant inam Din had named the petitioners as accused, who reached the pot armed alongwith the co- accused and forcibly abducted Muhammad Sadiq, but the next day in his supplementary statement as well as the eyewitnesses, above-mentioned, in their statements under section 161 Cr.P.C, had not named the petitioners as accused. The complainant in supplementary statement had stated that he was perplexed and could not steal the correct names of the accused. There was no material on record to summon the petitioners as accused. Mr. Asif Mahmud Chughtai, Advocate has stated that six accused Ashiq Ali, Mushtaq alias Idrees, Abdul Hameed, Basharat Ali, Safdar alias Talib Hussan and Ijaz Hussan, although not named in the F.I.R, have been summoned by the trial Court to face trial. He may move an application for redress of his grievance before the trial Court, who shall decide the same in accordance with law.
5. Pursuant to the above discussion, the petition is allowed and the impugned order is set aside.