Criminal Revision Application No.124 of 2012
Date Order with signature of the Judge
1. For Katcha Peshi.
2. For hearing of MA No.4296/2012.
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Mr. Shaukat Hayat, Advocate for Applicant.
Raja Qasit Nawaz Khan, Advocate for Applicant.
Mr. Shafique Ahmed, Special Prosecutor ANF.
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Mr. Shaukat Hayat contends that interim challan in the instant case was filed on 7.1.2012 whereafter final challan was submitted on 18.2.2012 and the Court took cognizance in terms of Section 196, Cr.P.C. Per counsel, thereafter one of the accused persons moved an application under Section 265-K, Cr.P.C. and while deciding that application learned Presiding Officer without providing any opportunity of explanation/hearing joined the applicants, who were cited as witnesses, as accused by exercising power under Section 193, Cr.P.C. and directed issuance of warrants. He says that in case the Court wanted to exercise such power reasonable opportunity of show cause ought to have been given to the persons, who were implicated as accused.
Learned Special Prosecutor does not object to the proposition and concedes that instead of directly issuance of non-bailable warrants after implicating two witnesses as accused, the Court ought to have issued notices and should have confronted the material available against them, with the right of explanation. He, therefore, does not support the impugned order.
In the circumstances, we set aside the order only to the extent of joining two witnesses i.e. Muhammad Naveed Akram alias Danish and Muhammad Tahir (present applicants) as accused. However, it will be open for the trial Court to re-exercise such power but strictly in accordance with law.
JUDGE
JUDGE