' Vide this criminal revision petition, the petitioners have prayed that the order, dated 15th December, 1997 passed by learned Additional Sessions Judge, Khushab, whereby petitioners were summoned to face trial on a complaint made by respondent No,,2 for the commission of crimes punishable under section 302/34, P.P.C. For murdering brother of the complainant Muhammad Akram, bet set aside.
2. Learned counsel for the petitioners has taken up the plea that the F.I.R. About this occurrence having been registered, the police investigation declared the petitioners innocent; that thereupon the complainant filed a complaint and the learned Sessions Judge referred it to the Magistrate for enquiry and the Magistrate after holding inquiry also came to the same conclusion but despite that the learned Sessions Judge summoned the petitioners to face trial. Another point taken up was that the learned Sessions Judge did not record the preliminary evidence himself, therefore, the proceedings were nullity.
3. I have gone through the record. I am not convinced by the arguments of the learned counsel for the petitioners that learned Additional Sessions Judge did not record the proceedings himself. As regards the observation by the learned Additional Sessions Judge that he did not agree with the investigation conducted by the police officials and was also not satisfied with the inquiry findings of the learned Magistrate and, therefore, thought it proper that the accused originally mentioned in the F.I.R. As the accused should be summoned to face trial, there was nothing wrong with it. It is obvious that the complainant is not satisfied with the investigation, therefore, he had to file a complaint. No doubt that the Magistrate held inquiry as per order of the learned Sessions Judge but the fact that the learned Sessions Judge summoned the accused of the F.I.R. To face trial did not mean that that order tantamount to punishing them. It has been admitted by the learned counsel for the petitioners that the challah case is pending before the learned Additional Sessions Judge and the proceedings are being taken in the complaint case. This procedure too is quite apt and it was in consonance with the prevalent practice in the Courts. Therefore, mere summoning of the petitioners as accused in the complaint case, does not tantamount to injuring any right of the petitioners. Let them face the trial in the Court of learned Additional Sessions Judge. Dismissed in limited with this observation.