Ghulam Hassan vs State Ss — 2026 MLD 739 LAHORE-HIGH-COURT-LAHORE

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Ghulam Hassan VS State Ss. 302, 324, 109, 148 & 149---Criminal Procedure Code (V of 1898), S. 204---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Application for summoning the respondents/accused to face trial in case FIR---Scope---Complainant got lodged FIR in respect of offences under Ss.302, 324, 109, 148 & 149, P.P.C, and after the conclusion of the investigation, the respondents Nos. 3 to 5 were declared as not involved in the case and in report under S. 173, Cr.P.C their names were placed in Column No. 2---After the Trial Court had taken cognizance of the case, the petitioner moved an application seeking the summoning of said respondents to face the trial, but same was dismissed---Validity---Record showed that the respondents Nos. 3 to 5 were not only named in the FIR as accused but were also named as accused in the statements of the witnesses recorded under S.161, Cr.P.C---Though the Investigating Officers of the case had declared the said respondents not involved in the incident at all, however, the said opinions of the Investigating Officers of the case were not even relevant to be considered while adjudicating upon the application of the petitioner seeking summoning of the said respondents to face the trial of the case, as the question of the summoning was to be decided within the parameters of S.204, Cr.P.C---In this particular case, it was obvious that there was evidentiary material in the shape of not only the FIR but also the statements of the witnesses recorded under S.161, Cr.P.C to proceed with the trial of the said respondents---Moreover, the trial Court, while passing the order dated 25.08.2025, only referred to the result of the investigation as conducted by one of the Investigating Officers of the case, however, did not at all advert to the statements of the witnesses recorded during the investigation of the case, wherein the said respondents were duly implicated---Trial Court can summon any accused whose name has been placed in column No.2 of the report under S.173, Cr.P.C, to face the trial of the case before recording of any evidence when there is sufficient material available against them and there is no bar whatsoever in that regard placed on the Trial Court---Moreover, the accused having been declared by the Investigating Officer not to be involved in the case should not be made a consideration while adjudicating upon the application under S.204, Cr.P.C for the simple reason that the opinion of the Investigating Officer of the case was not only irrelevant but also not admissible in evidence---In said circumstances, petition was allowed and the Trial Court was directed to summon the respondents Nos. 3 to 5 to face the trial of the case.

Ghulam Hassan vs State Ss — 2026 MLD 739 LAHORE-HIGH-COURT-LAHORE

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