LAHORE: The Lahore High Court held that cross cases outcome of one and the same occurrence are to be tried by one and the same court unless there are compelling circumstances to do otherwise.

The court dismissed a petition of DSP Syed Riaz Hussain Shah and held that in all three cases the occurrence was one and the same but with different versions, therefore, all had to be tried by one and the same court as a rule of propriety and to avoid conflict decisions.

The court, therefore, ordered that the cases pending in the court of ordinary jurisdiction shall be deemed to be returned to and pending in the Special Court and all the cases shall be tried side by side.

The court observed, how, an application under Section 12(2) CPC is maintainable when there is no fraud played and no misrepresentation has been made with the court. The counsel for petitioner has completely failed to substantiate his plea in this regard, therefore, the petition is not maintainable, the court added.

The court said provisions of the Code of Criminal Procedure, 1898, are silent on procedure of trial of cross cases or cases outcome of one and the same FIR. Therefore, in such situation a court has to see that what can be the best way to come out from the said challenge because the ultimate duty of a court is to do justice for all concerned to the cases.

The sole object of side by side trials in such cases is to give the trial Judge a complete picture of the whole situation with a view to help him in a proper assessment and appreciation of the evidence in each case, without any importation of the evidence of the other case, the court held.

According to the details, a First Information Report (FIR) was registered at Police Station Kot Mubarak, Dera Ghazi Khan on the complaint of SI Ch Azhar Hussain about a police encounter. During the occurrence four accused lost their lives besides one Muhammad Salman Constable whereas remaining accused were succeeded to escape. The Challan was submitted in the Anti Terrorism Court Dera Ghazi Khan.

One Din Muhammad claiming to be one of the legal heirs of the deceased accused Abdullah and Ghulam Haider came forward with a version that it was fake police encounter. His narrative was recorded, investigated and concluded in the manners that DSP Riaz Hussain Shah and SI Kamran Saif were declared innocent whereas SI Chaudhary Azhar Hussain was an accused of abetment.

The Challan in this context was also submitted in the Special Court.

Din Muhammad was not satisfied with the investigation, so he filed a private complaint against applicant and 2 others for their prosecution under Sections 302/34 PPC in the court of ordinary jurisdiction.

On conclusion of preliminary inquiry, processes were issued against all accused by the Additional Sessions Judge Dera Ghazi Khan and they turned up. However, the case was transferred through proper channel to the Special Court for the reason that the trial in state case was pending in that court.

The ultimate position was that two Challans and a complaint case came up for hearing before the special court.

The special court passed an order in Challan case against applicant and others and observed it was triable by the court of ordinary jurisdiction as Section 7 of the Act was not made out.

In the light of same order, a verdict was also passed in the complaint’s case and therefore both the cases were transferred to the court of ordinary jurisdiction. The special court, however, kept pending the Challan against deceased accused.

Copyright Business Recorder, 2021