' This, criminal revision has been filed by Abdul Qayum against the State and Sher Haider Ali respondent after having been aggrieved of the order passed by Additional Sessions Judge, Swabi, .Dated 13-8-1998.
2. During the course of proceedings in- case F.I.R. No,335, dated 23-6-1987 of Police Station Swabi for offences under section 302/307/484/34, P.P.C. Pending before the Additional Sessions Judge, Swabi for trial, the petitioner moved an application at a' belated stage for summoning one Abdul Hakeem an accused of cross case F.I.R. No,336, dated 23-6-1987 of Police Station Swabi for offences under section 307/34, P.P.C. Alleging that the said witness may be examined as Court witness for correct adjudication of the case.
3. Notice of the aforesaid application was given to the State and opposite party by the learned Additional Sessions Judge and after having heard counsel for both the parties, the learned Judge passed the impugned order on 13,8-1998 by refusing the relief asked for by the petitioner and fixed the case for further proceedings i,e, for arguments for 9-9-1998.
4. I have heard the learned counsel for the petitioner and have gone through the record. The record suggests that the present petitioner namely Abdul Qayyum is the brother of Abdul Haleem who was also charged along with the present petitioner for effectively firing at two persons Ayub Khan and Mst. Afghani in case F.I.R. No,336 of the same date and Police Station. In the aforesaid case the said Abdul Haleem was examined under section 342, Cr.P.C. In which he denied his presence at the spot. Besides, Abdul Hakeem has not been cited as prosecution witness in the present case. The case registered in the year 1987 and till the present petition no effort was made by the complainant party to include the name of Abdul Hakeem as prosecution witness. The case seems to be ripe for adjudication and powers under section 540, Cr.P.C. Are discretionary in nature.
5. In my view the discretion exercised by the trial Court seems correct. It is an effort on the part of the complainant party to prolong and delay e the disposal of the case which is almost ripe for adjudication. The petition, therefore, has no substance and is dismissed in limited. However, the Trial Court is directed to expedite the trial in the case and conclude the same within two months and intimation to the Registrar of this Court.
Revision .