Muhammad Hussain vs State Ss — 2025 PCrLJ 915 LAHORE-HIGH-COURT-LAHORE

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Muhammad Hussain VS State Ss. 87, 75(2), 369, 435 & 439---Issuance of process (summons, warrants, proclamation)---Purpose to bring the accused before Trial Court---Order of the Court declaring accused as Proclaimed Offender ("PO declaring order"), assailing of---Remedy---Recalling of PO declaring order---Trail Court, powers of---As the accused did not appear before the Trial Court on date fixed for hearing; Trial court declared him as Proclaimed Offender (PO) carrying out the proceedings under S.87, Cr.P.C against him ('PO declaring order')---Thereafter, the accused, while marking his attendance before Trial Court, filed application for recalling of said 'PO declaring order'---Accused/appellant approached High Court as his application to re-call PO declaring order was dismissed by the Trial Court---Trial Court declined re-calling of PO declaring order,primarily, by holding that "… … Legality and propriety of such an order can be looked into by Hon'ble High Court being revisable under Ss.435 and 439 Cr.P.C. In view of above, application stands dismissed."---Validity---Basic and prime purpose of issuance of process through notice, summons, bailable warrants, non-bailable warrants as well as proclamation was to bring the accused in the court for facing the proceedings of the case in accordance with law---When application for re-calling of order dated 09.10.2024 was filed on behalf of appellant / accused and he (appellant) himself appeared/surrendered before the court then it was appropriate for the court either to take him into custody as his surety bond was already forfeited vide PO declaring order (dated 09.10.2024) or to recall the same (PO declaring order) if reasons were cogent, relevant and plausible for recalling the same, and undoubtedly PO declaring order (dated 09.10.2024) was not a judgment rather an interim order---Furthermore, pertinently, even warrant issued by the Court can be cancelled under S.75(2), Cr.P.C.by the Court which issued it---Application for recalling of order qua issuance of "warrant of arrest" or "proclamation" of accused is neither entertainable/maintainable nor proceedable without surrender of the accused in the Court---High Court, with the concurrence of the parties and for the safe administration of justice set-aside impugned order (dated 14.10.2024) passed by Trial Court and remanded the matter to the Trial Court where the application filed by the appellant / accused for re-calling of (PO declaring order) dated 09.10.2024 would be deemed as pending and if appellant surrendered before Trial Court on 11.11.2024 then said application would be decided through fresh order after hearing all concerned and strictly in accordance with law, however, if appellant did not surrender before Trial Court on 11.11.2024 then his application would not be proceedable---Appeal, filed by accused, was disposed of accordingly.

Muhammad Hussain vs State Ss — 2025 PCrLJ 915 LAHORE-HIGH-COURT-LAHORE

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