Ss. 302 /201—-Criminal Procedure Code (V of 1898), Ss. 204 & 439—Issue of process to accused—Validity—trial Court had summoned the accused to face the trial without giving any reasons whatsoever and without mentioning sufficient grounds necessitating proceedings against them—trial Court was bound to pass a speaking order as the issuance of process to face the trial in a murder case would cause harassment and agony to the accused—Opinion had to be formed by the trial Court itself on the basis of material produced before it on the question whether the allegations made had, prima facie, constituted an offence and furnished sufficient grounds for proceeding against the accused—trial Court had passed the impugned order in a mechanical manner without considering the evidence on record merely on the basis of the inquiry report submitted by the Magistrate which had definitely prejudiced the case of accused who would suffer irreparable loss and injury to their reputation and service career which could not be allowed—trial Court had, thus failed to exercise the jurisdiction vested in it by only relying upon the inquiry report–Impugned order was consequently declared as illegal and was set aside with the direction to trial Court to pass fresh order after considering whether sufficient evidence was available on the record to summon the accused to face the rigors of a Criminal trial .
|Citation Name : 2002 YLR 180 LAHORE-HIGH-COURT-LAHORE|
|Side Appellant : Syed KALB-E-ABBAS|
|Side Opponent : ADDITIONAL SESSIONS JUDGE, LAHORE|