Ihsan-ul-Haq vs State Ss — 2026 PCrLJ 597 LAHORE-HIGH-COURT-LAHORE

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Ihsan-ul-Haq VS State Ss. 561-a, 200, 202 & 204---Penal Code (XLV of 1860), Ss. 337-a(i), 392, 506(ii) & 109---Causing shajjah-i-khafifah, robbery, criminal intimidation, abetment---Private complaint---Summoning of accused in private complaint to face trial---Scope---In a private complaint, accused were summoned by Magistrate to face trial---accused/respondents challenged the vires of said order by filing revision petition, which was allowed by the Revisional Court---Validity---During trial of the case, accused persons would have every opportunity for cross-examining the complainant and other witnesses, bringing their oral as well as documentary version on the record and to falsify the allegations mentioned in the complaint; they would also have opportunity to produce evidence in their defence as well as appear themselves as their own witness under S.340(2), Cr.P.C. for disproving the allegations levelled against them---In the light of cursory statements of witnessesincluding the complainant as well as documents produced by the complainant including Medico-Legal Examination Report, Trial Court rightly came to the conclusion that sufficient material was available on the record to proceed with the trial against the accused persons and they were rightly summoned to face the trial---However, said important and vital aspect was not considered by lower Revisional Court at the time of passing impugned order dated 11.10.2019---Therefore, impugned order dated 11.10.2019 passed by lower Revisional Court in the revision petition was not in accordance with law, thus was set-aside---accused persons/now arrayed as respondents No.2 to 6 in this petition, respectively would appear before Trial Court in the light of order dated 22.02.2019 passed by Magistrate/Trial Court in the complaint for further proceedings in accordance with law---Petition was accepted, accordingly.

Ihsan-ul-Haq vs State Ss — 2026 PCrLJ 597 LAHORE-HIGH-COURT-LAHORE

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