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IN THE COURT OF SARDAR MUHAMMAD IQBAL DOGAR,

SESSIONS JUDGE, MANDI BAHAUDDIN.

Criminal Revision No.43 of 2024.

Date of Institution:06-04-2024.

M. Adnan, etc….Versus…….The State.

CRIMINAL REVISION AGAINST AN ORDER DATED

03-01-2024.

Date of Decision:15-04-2024.

Present:- Mr. Tanveer Akhtar Advocate for the petitioners.

Muhammad Adnan and Javed Iqbal petitioners in
person.
Mr. Ehsan Akhtar learned ADPP for The state.
ORDER
The instant criminal revision is directed against an order
dated 03-01-2024 passed by Mr. Ehsan Sabir, the then learned Senior
Civil Judge (Criminal Division), M.B.Din, whereby proceedings u/s 87
Cr.P.C were initiated against the present petitioners and they were
declared proclaimed offenders in case FIR No.587/2023 registered u/s
392/411 PPC with P.S Civil Line M.B.Din.
2. Feeling aggrieved, the present criminal revision has been
filed by the petitioners/accused.
3. The learned counsel for the petitioners has argued that the
learned Judicial Magistrate has passed the impugned order while
exercising its jurisdiction improperly. He specifically argued that no service
of the petitioners prior to passing of the impugned order was got effected
and as such, the petitioners were unaware of the pendency of the
challan/report u/s 173 Cr.P.C against them. He has prayed for acceptance
of the criminal revision and for setting-aside the impugned order passed
by the learned Judicial Magistrate with the undertaking that the petitioners
would appear before the Court on each and every date of hearing till final
disposal of the case by the learned Judicial Magistrate in accordance with
law.
4. On the other hand, the learned ADPP, assisted by the
learned counsel for complainant, vehemently opposed the above said
contentions. It was specifically argued that the learned Judicial Magistrate
has passed the impugned order in accordance with law and all the
proceedings were in the knowledge of the present petitioners and they
while enjoying the concession of bail, intentionally avoided to appear in
the Court and thus, no option was left with the Court except to pass the
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impugned order. He has prayed for dismissal of the instant criminal

revision.
5. Arguments of the learned counsel for the parties as well
as the learned ADPP for State have been heard at length and record
has been perused.
6. Perusal of the certified copy of the order-sheet appended
with this file reveals that though the present petitioners were summoned
by the learned Judicial Magistrate to face the trial in the above referred
criminal case but it is strange enough that nowhere in the order-sheet
served or un-served discussed in detail. It was also not mentioned that
why process was not being served. Even the receipt of process served or
un-served is not mentioned but notwithstanding the learned Judicial
Magistrate proceeded to initiate proceedings u/s 87 Cr.P.C in a
mechanical way and subsequently also declared the present
petitioners/accused as proclaimed offenders u/s 512 Cr.P.C. Thus,
keeping in view the principle that nobody should be condemned unheard
and keeping in view the provisions of Article 10-A of the Constitution of
Pakistan, 1973, the instant criminal revision is hereby accepted and the
impugned order dated 03-01-2024 passed by the learned Judicial
Magistrate is hereby set-aside.
7. The petitioners are present in the Court and they have been
bound down by obtaining their thumb-impressions on the margin of order-
sheet to appear before the Court of the learned Judicial Magistrate on
20-04-2024 in the above referred criminal case till final disposal of the said
case and shall submit fresh surety bond in the like amount to the
satisfaction of the learned Judicial Magistrate. Copy of the order be
conveyed to the learned Judicial Magistrate for information and
summoning of the consigned file and starting the trial proceedings in the
case against the present petitioners in accordance with law. File be
consigned to the record room after its due completion.
Announced (in open Court)
(Sardar Muhammad Iqbal Dogar)
15-04-2024. Sessions Judge, M.B.Din.

Certified that this order consists of 02 pages, each of which

has been dictated, read, corrected and signed by me.

Dated:15-04-2024. Sessions Judge, M.B.Din.

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