Mst. SHAMA ZUHRA Versus AMAN ALI SHAH

ORDER

MALIK HAQ NAWAZ, J.--- The instant petition has been filed by complainant challenging vires of judgment handed down by the learned Judicial Magistrate Nagar dated 22-12-2016.

2. The learned counsel for the appellant/complainant submitted that order of learned Judicial Magistrate Nagar is perverse, arbitrary and not based on cogent/valid reasons. The order has been passed in a hasty manner as only three PWs were examined and four PWs were yet to be examined. The learned counsel prays that the case be remanded back to the learned trial Court for re-trial and decision afresh.

3. On the other hand the learned counsel for respondent/accused contended that the present occurrence if any was a quarrel between wife and husband and one star witness namely Fida Ali son of Ali Gohar has narrated a different story of the occurrence which negates the whole tailored story of prosecution. The learned counsel further submitted that if the statement of left over PWs is taken into account, no offence would be made out even if they are examined in the trial Court. The judgment of learned trial Court is well reasoned and merit to interference.

4. I have heard both the learned counsel and perused the record of the case with their able assistance. The star witness whose name finds mentioned in the FIR has not supported the prosecution version and altogether has painted a different story. The remaining PWs are formal witnesses and their statements if taken into consideration do not constitute any offence. The learned trial Court has properly exercised his jurisdiction after due application of judicial mind.

5. The appeal filed by the appellant is devoid of any legal force, hence dismissed accordingly.

9(sic.) File be consigned to record after completion.

WA/17/GB Appeal dismissed.