1. ' The facts giving rise to present application are that on 17-11-1995 at 18-00 hours complainant Fazal Abbas Baloch, lodged report at Police Station Pangrio District Badin under sections 147, 148, 149, 447, 341, 342, 336, 337, P.P.C. And 20 Harabah Ordinance vide Crime No,94 of 1995 of Police Station Pangrio District Badin against the present applicants and 13 others. Police after usual investigation challaned the case only against 13 accused. The case was sent up to the Court of Sessions Judge, Badin wherefrom the case was transferred to the Court of 1st Additional Sessions Judge, Badin, where it is pending for trial.
2. ' The concerned police have not challaned them in this case nor their names are placed in the column No,2 of the challan report and it appears that Investigating Agency has dropped their names.
3. ' On 24-3-1997 1st Additional Sessions Judge, Badin passed the impugned order.
4. ' Being aggrieved by the order of issuance of N.B.Ws. Against them they have preferred present application.
5. ' I have heard Mr. Zubedi learned counsel for the applicants and Mr. Bahadur Ali Baloch learned counsel for the State. Reliance is also placed on PLD 1992 Kar. 122 and 1995 PCr.LJ 1749.
6. ' The above order clearly reveals that the trial Judge has not assigned any reasons for the issuance of non-bailable warrants against the applicants in the impugned order. In my humble view order "Issue N.B.W. Against them" without giving reasons is not warranted by law particularly when their names are not placed in column 2 of the challan (charge-sheet). Column 2 in the challan (charge- sheet) is meant for accused persons who are either not sent up for trial by the Investigating Authorities or cannot be apprehended by them. The persons who cannot be apprehended their names are incorporated as absconders in "red ink" and whose name is not shown in "red ink" it clearly indicates that he is not required in the case. When name of a person appears in column 2 of the challan, Trial Court can take cognizance of the offence against that person on the basis of incriminating evidence brought on record against that peorson.
7. As discussed above in this case neither the applicants are challaned by Investigating Agency nor their names are placed in column 2 of the charge-sheet and before charge without any incriminating evidence on record by order. "Issue N. .Ws. Against them" not assigning any reasons is bad in law and is set aside. The quashment application is allowed and disposed of accordingly. .