AMIR ALAM KHAN, J.- This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the order dated 4.8.1979 passed by the learned Addl: Sessions Judge, Sialkot, whereby the' revision of the petitioner was dismissed and the order dated 1.6.1977 dismissing the complaint of the petitioner for non-prosecution-was affirmed.
2. The relevant facts are that the petitioner filed a complaint u/s. 295-A, 501 and 502 PPC in the Court of Ilaqa Magistrate, Sialkot. The learned trial Magistrate having examined the petitioner and other witnesses was pleased to summon the respondents for 20.7.1976. It was thereafter that the statement of the petitioner was recorded and he was being cross-examined by the learned counsel for the accused when the said complaint was dismissed for non-prosecution on 1.6.1977. The petitioner filed a revision against the above said order in the Court of learned Sessions Judge Sialkot but the same was dismissed by the learned Addl: Sessions Judge, Sialkot on 4.8.1979.
3. The basic order whereby the complaint was dismissed for non- prosecution as also the revisional order have been assailed by the petitioner in the present Constitution petition on the ground that the accused having been summoned in the case, the complaint of the petitioner could not be dismissed for non prosecution particularly when the offence u/s. 295-A, PPC was non- compoundable while the offences under section 501 and 502, PPC were cognizable. Reliance in this respect has been placed on the second proviso to section 247 Cr.P.C.
4. No one has entered appearance on behalf of respondent No. 1 despite the fact that P.C. Card was issued in this behalf. Respondent No. 1 was personally served on 15.1.1980 and thereafter P.C.
Card was issued for today. In the circumstances the said P.C. Card is presumed to have reached the addresses i.e. Respondent No. 1. It is enough service therefore, he is proceeded against ex- parte.
5. Learned Addl: A.G appearing on behalf of respondents No.2 and 3 has very candidly conceded that the impugned orders are not only illegal but also without jurisdiction and without lawful authority. In view of the conceding statement made by the learned Addl: A.G this petition is allowed and the order dated 1.6.1977 passed by the learned Trial Magistrate and that of the learned Addl: Sessions Judge, Sialkot, dated 4.8.1979 are declared to be without lawful authority and of no legal effect, the result being that the complaint filed by the petitioner shall be deemed to be pending before the learned Trial Magistrate, who shall proceed to decide the same in accordance with law.
The record of the case be sent back to the learned Trial Magistrate.