KARAM Versus MUHAMMAD

ORDER

This revision is directed against the order dated 15‑3‑1987 passed by Mr. Sher Zaheer Ahmad Khan, Additional District Judge, Jhang whereby he dismissed the private complaint filed by Karam petitioner against, Muhammad, Sadiq and Bahadar etc.

2. According to the petitioner his real brother Nazar Muhammad was murdered by Muhammad Sadiq and Bahadar etc. respondents but in order to save their own skin they fabricated false story and got a case registered against 8 unconnected persons who were their enemies. The petitioner approached the police for registration of a case but without any success. Eventually, he filed Writ Petition No. 1473‑86 in this Court which was disposed of on 14‑5‑1986 with a direction to him to approach the D.I.G. concerned. According to him, he had approached the D.I.G. Faisalabad but without any result. Ultimately he filed a private complaint under sections 148/302/149, P.P.C. on 2‑2‑1987 against Muhammad and Sadiq sons of Mokha, Bahadar son of Dilmeer, Jahangir son of Karam and Muhammad Aslam son of Wali Dad. The learned Additional Sessions Judge took cognizance of the complaint and after recording the statement on oath of Karam petitioner dismissed it on the ground that it was baseless and frivolous. The main ground which weighed with the learned Additional Sessions Judge was the delay in filing of the complaint. According to him the alleged occurrence had taken place on 1‑7‑1985 whereas the complaint was filed on 2‑2‑1987.

3. It is contended that the order of the learned Additional Sessions Judge is illegal and he did not take into consideration the factors contributing to delay in filing the complaint. It is further stated that the learned Additional Sessions Judge did not follow the procedure laid down by the superior Courts for the trial of cross complaint and the challan case. It is further submitted that full opportunity was not afforded to the petitioner to examine his evidence. He was yet to examine certain eye‑witnesses and other material evidence but the learned Additional Sessions Judge acted in haste in closing it.

4. Admittedly the complaint filed by the petitioner was dismissed after recording his statement only. The learned Additional Sessions Judge should have granted him reasonable opportunity to produce his evidence and other material in support of his complaint. Accordingly, I accept the revision and direct a further inquiry into the complaint filed by the petitioner. Since Mr. Sher Zaheer Khan, Additional Sessions Judge has already expressed his opinion in the matter the learned Sessions Judge, Jhang shall either hear the complaint himself or entrust it to some other Additional Sessions Judge, The connected challan shall also be withdrawn from the above mentioned Court and entrusted to the Court which shall hear the complaint.

M.Y.H./K‑58/L Case remanded.