Petitioner Mazhar Abbas through the instant revision petition has sought for setting aside of the order dated 20.2.2004 recorded by Mr. Shakeel Ahmad, learned Additional Sessions Judge, Chiniot whereby he has summoned the petitioner and others in the private complaint brought by Respondent No, 2 against them under Section 337-A (i)/337-F(iii)/324 read with Section 34 PPC.
2. Briefly the facts relevant for the disposal of the instant revision petition are that Respondent No, 2 Mst. petition are that Respondent No, 2 complaint against the petitioner and two others under the mentioned above offences before the Court of learned Judicial Magistrate Section-30, Chiniot. She led preliminary evidence therein. The learned Magistrate seized of the same had observed that prima facie offence under Section 337-A (I)/337-F (iii) read with Section 34 PPC is made out against the accused mentioned in the complaint. He however, observed that the offence under Section 324 PPC is not made out against them in the facts and circumstances of the case. He with the same has submitted his inquiry report to the learned Additional Sessions Judge concerned, who vide his order dated 20.2.2004 proceeded to observe that they prima facie are connected with the alleged offence on the basis of preliminary evidence present on the record and he ordered their summoning to face trial in the same.
3. The petitioner feeling himself aggrieved of the same has come to this Court with the instant revision petition.
4. It has been argued on his behalf that the private complaint infact is a counter blast to the Case FIR No, 390 dated 4.8.2002 under Section 302/324/34 PPC registered, with Police Station Sadar Chiniot, District Jhang: and that the MLRs produced by the Respondent No, 2 in support of her plea in the private complaint are in fact bogus and on the basis of the same the petitioner and his co- accused could not be summoned by the learned Court concerned, and that if the complaint is allowed to be continued, the same will be prejudicial to their case.
5. I have carefully considered the submissions made on behalf of the petitioner and gone into the copies of the documents annexed to the petition.
6. As said above that the Respondent No, 2 in support of her version in the private complaint besides her ownself has produced as many as three witnesses. They are Noora, Mst. Kalsoom Bibi and Zafar, Besides than this, she has also produced the copies of MLRs of the injured persons and these were Mark 'A & B' respectively of Noora and Zafar. The learned Judicial Magistrate on the basis of such preliminary inquiry has observed that the offence under Section 337-A (i)/337-F (iii) read with Section 34 PPC is made out against the accused mentioned by her in the private complaint. He submitted the report to the learned Additional Sessions Judge, Chiniot, who after perusing the same and preliminary inquiry evidence brought on the record observed that prima facie sufficient material is available on the record to connect them with the offence allegedly committed by them. He, with the same has ordered to summon them to face trial in the complaint.
The plea of the petitioner that the complaint is counter blast to the said case is a matter which in fact requires evidence for it ination and it cannot be done so on the basis of mere oral assertion. The question that if MLRs of the injured persons produced by her in support -of her plea are bogus is a question, which too requires to be proved in due course of trial. The same without adequate proof of the same cannot be said to be so. The petitioner in fact ought to have agitated such questions before the Court concerned in a proper way. Their summoning, however was correct.
7.Hence, no case for interference with the impugned order has been made out. The revision petition, therefore, is dismissed in limine.