1. ' Abadat Khan son of Gul Khan has assailed order, dated 14-5-2001 passed by Additional Sessions Judge, Faisalabad whereby he was summoned to face the trial alongwith his co-accused in case No,82 of 1999 dated 4-11-1999 under sections 302/109, P.P.C. For commission of murder of Ahmad Ali.
2. ' Learned counsel for the petitioner contended that the petitioner was declared innocent during the investigation, many respectables of the locality had sworn affidavits and taken oath on Holy Qur'an to prove the innocence of the petitioner, therefore, he was not challaned even in Column No,2 by the Police; the trial Court was not competent and justified to summon the petitioner without recording the evidence during the trial.
3. ' Conversely the petition has been opposed by the learned counsel for the complainant and for the State. The learned counsel for the complainant by placing reliance on 1995 PCr.LJ 1793 Abdul Sattar v. The State has argued that the procedure of swearing on Holy Qur'an is not applicable to the criminal proceedings. L veli if the accused nominated in the F.I.R. Has not been placed in Column No,3 or Column No,2 of report under section 173, Cr.P.C. He can be summoned by the trial Court after taking into consideration the allegations levelled against him and the material brought on record.
4. ' After giving consideration to the contentions raised at the Bar and perusing the record I do not find any illegality or infirmity in the impugned order. The petitioner was nominated in the F.I.R. For abetment. The procedure adopted by the Investigating Officer to declare him innocent by administering oath on Holy Qur'an has been depreciated by the apex Court in number of cases, therefore, the petition is dismissed having no force. The petitioner shall appear before the trial Court and join the proceedings and thereafter he can move application under section 265-K, Cr.P.C., for his acquittal and if that course is resorted to, the learned trial Court will dispose of his application with a speaking order in accordance with law. / Order accordingly