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1997 M L D 1609

[Lahore]
Before Muhammad Naseem Chaudhri, J
ZAFAR AHMADRespondents
Criminal Miscellaneous No.242
S.302/34A, 87 & 88Quashing of proceedingsWithout having
proceeded against the absconding accused under S.87/88,
Cr.P.C. trial could not be commenced even to the extent of
other accused who had appeared before the Trial Court
Appearance of accused necessaryup, is on bail or is a
fugitive of law is necessary before the Trial Court when the
trial commences.
(c) Criminal Procedure Code (V of 1898).
Ss.87 & 88G. for Respondent No. l
M. Aslam Malik for Respondents Nos.2 and 3.
Respondent No.4 (absconder).
Date of hearing: 14th October, 1996.
JUDGMENT
Bashir Ahmad, Zafar and Anwar respondents Nos.2 to 4 are the
accused of Crime Case No.147 registered on 221996 at Police
Station, Jaranwala under section 302/34, P.P.C. Bashir Ahmad
and Zafar respondents Nos.2 and 3 have been arrested while
Muhammad Anwar respondent No.4 has become a fugitive of law.
The Area Magistrate at the petition of the police, proceeded
under section 87/88, Criminal Procedure Code against Muhammad
Anwar accused and thereafter sent up the case to the Court of
Session. At present the case is on the file of Mr. Pervez Ali
Chawala, Additional Sessions Judge, Faisalabad. He charged
both Bashir Ahmad and Zafar accused/respondents Nos.2 and 3 on
91996 under section 302(a)/34, Pakistan Penal Code. Thereafter
some prosecution witnesses have been examined on 251996 and
11996.
2. Through the filing of this petition under section
561complainant is desirous for the quashment of the
proceedings conducted on 91996, 251996 and 11996 on the ground
that it was incumbent upon the learned trial Court to procure
the attendance of Muhammad Anwar absconder accused/respondent
No.4 and in case of legal necessity to proceed under section
87/88, Criminal Procedure Code. According to the petitioner
thereafter the trial could be started.
3. I have heard the learned counsel for the parties as well as
learned Assistant Advocatecomplainant has rightly canvassed
that without the presence of Muhammad Anwar respondent No.4
the trial cannot be processed with and conducted and even at
the end of the trial Court all the efforts should be made to
procure the presence of Muhammad Anwar absconder accused
through ordinary manner or coercive methods. Even if the
proceedings in the matter have been conducted at the end of
the learned Area Magistrate that is not an illegal act.
However, it was also incumbent upon the trial Court to proceed
in accordance with law to procure the attendance of Muhammad
Anwar absconderup), is on bail or is a fugitive of law is
necessary before the trial Court when the trial commences. In
this regard the bailable or non14/L
Proceedings quashed.

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