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Criminal Revision Application No. 23 of 1984, decided on 3rd April, 1984.

‑‑‑Ss.435 & 439‑‑Penal Code (XLV of 1860), Ss, 307, 324, 325, 148 & 323/34‑‑Revision‑‑‑Additional Sessions Judge considering and discussing evidence brought on record during preliminary enquiry and finally coming to conclusion that prima facie case made out against accused Counter case also pending in that court and there were two versions of same incident‑‑Held, in all fairness both cases were to proceed together so that defence plea if any could be properly considered‑‑Order of Additional Sessions Judge issuing bailable warrants against accused, held further neither illegal nor irregular, in circumstances.

Muhammad Ali Shaikh for Applicants.

A.A. Muhammad Ally, A.A.‑G. for the State.

Date of hearing: 3rd April, 1984.

This revision application under sections 435 and 439, Cr.P.C. has been filed against the order dated 4th February, 1984, passed by find Additional Sessions Judge, Karachi whereby he has issued bailable warrants against the applicants.

2. Briefly stated the facts are that complaint under sections 307, 324, 325, 148, 323 and 34, P.P.C. was filed by Mst. Fatima Hajiani in the Court of find Additional Sessions Judge, Karachi. On 28‑8‑1980, this complaint was dismissed by the VIth Senior Civil Judge, Karachi. Complainant being aggrieved filed revision application in the High Court. The order of Senior Civil Judge, Karachi was set aside and the case was remanded back with directions to trial Court to held further enquiry and thereafter pass proper order. The find Additional Sessions Judge, Karachi on 10‑7‑1983, in view of the instructions of the High Court reconsidered the medical certificate and other circumstances and took cognizance under sections 323 and 184/34, P.P.C. and ordered summons against the accused person. The applicants again aggrieved with that order filed another revision application which was also disposed of by an order dated 8‑11‑1983, of this Court whereby the case was again remanded and trial Court was directed to dispose of complaint keeping in view of the orders passed on 22nd March, 1983 in criminal revision Application No, 60/1982. It was further directed to the trial Court to apply his own mind properly and re‑appraise the evidence. Once again the learned Additional Sessions Judge by a detail order took cognizance and issued bailable warrants as stated above.

3. Mr. Muhammad Ali Shaikh, Advocate for the applicants has contended that learned Additional Sessions Judge has not applied his mind and has net considered evidence properly therefore his order is liable to be set aside.

4. Mr. A.A. Muhammadally, A.A.‑G. for the State is of the view that since the learned trial Judge has taken cognizance and made some observations about the evidence brought on record during the preliminary enquiry therefore the case be transferred from his file.

5. This case has been twice remanded to the learned Additional Sessions Judge, Karachi to consider the evidence which was brought on record during the preliminary enquiry. He has discussed the evidence and finally came to the conclusion that prima facie case has been made out. Moreover counter‑‑case is also pending in his Court and there are two versions of the same incident. In all fairness both the cases to proceed together so that defence plea if any could be properly considered. I see no illegality or irregularity in the impugned order therefore I dismiss the revision. Stay already granted stands vacated. The case to proceed and be decided on merits.

M. Y. H. Revision application dismissed.

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