1. Applicants in this application pray for quashment of proceedings of Sessions Case No. 43/89 pending against them in the Court of IIIrd Sessions Judge, Khairpur for an offence under sections 307, 368, 344, 147, 148, 149, P.P.C. And 13-D, Arms Ordinance.
2. The main contention of the applicants as well as his counsel are that the case is pending since 1989 and up to 23-1-1996 not even a single witness has either appeared before the trial Court or was examined. He refers to the statement dated 23-1-1996 by which learned A.P.P. Appearing for the prosecution has closed his side and the diary reveals that the coercive process was issued for procuring the attendance of the P.Ws. Mr. Liaquat A.I Shar submits that the learned trial Court in spite of side being closed by the prosecution ordered for issuance B. Ws. Against the P. Ws. Which is not warranted by law. He, however, concedes that he will be satisfied if directions be given to the trial Court to record statement of applicants/accused and decide the case on merits, after hearing the defence counsel as well as A.P.P. Appearing on behalf of the State.
3. Mr. Khadim A.I Shoro appearing for the State after going through the diaries and the order of learned trial Court concedes and makes no objection if above directions are given to the trial Court.
4. The order of learned trial Court and the diaries of the case shows that the case is pending since 1989 and all the witnesses cited therein are police officials, who are bound to attend the Court but in spite of coercive process have never appeared even on a single date of hearing resulting in that the learned prosecutor on 23-1-1996 closed his side. Thereafter, learned trial Court was not justified to direct B.Ws. For the procuring the attendance of the witnesses. What was to be done was to record the statement of the applicants/accused under section 342, Cr.P.C. And decide the matter after hearing the counsel of the parties. In any case the trial Court is directed to record statement of; applicants/accused under section 342, Cr.P.C. And they may be afforded an opportunity of examining themselves on Oath as required under section 340(2), Cr.P.C. And to lead defence if they so desire and thereafter decide the matter on merits.
5. With the above observations Criminal Miscellaneous Application No.337/96 stands disposed of.