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Petition for Special Leave to Appeal No. 273 of 1967, decided on 4th December 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 1st September 1967, to Criminal Revision No. 514 of 1966).
S. 302‑Person neither challaned by police nor summoned by committing Magistrate‑Complainant's move in Sessions and High Courts to order summoning of such person unsuccessful‑Complainant's seeking special leave to appeal to Supreme Court to oblige Magistrate to take cognizance of case against accused, held, misguided‑Proper course to file complaint before Magistrate‑Criminal Procedure Code (V of 1898), S. 190.
Hamid Ali Khan Sherwani, Advocate Supreme Court, instruct ed by Nasim‑ul‑Haq Amjad, Attorney for Petitioner.
Siddiq & Co., Attorneys for Respondents.
Date of hearing : 4th December 1967.
.‑Investigating an allegation of murder involving 5 men including the respondent, Abdur Rahim the Police presented a challan in which was shown that they had found no case against Abdur Rahim. The committing Magistrate, in his order committing the other four men for trial, stated that he found no case against Abdur Rahim, and had therefore not summoned him. The complainant moved the Sessions Court and the High Court against this order without success, and now seeks leave to appeal in this Court, to oblige the Magistrate to take cognizance of a case against Abdur Rahim. The attempt is misguided. If the petitioner wishes to pursue the matter against Abdur Rahim, his proper course is to file a complaint against him on which action by a Magistrate is obligatory under the Criminal Procedure Code.
Petition dismissed.
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