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IN THE COURT OF SESSIONS JUDGE,

MULTAN.

Cr. Rev. No. _____________/2001

Riaz Ahmad S/o Qamar Din, caste Bhatti, R/o Tibbi Sher Khan,
Purana Baraf Khana, P.S. Chehlyak, Multan city.
……..Petitioner
VERSUS
1. The State
2. Hassan S/ Abu Bakar, caste Arain, R/o H. No. 269/8, Mohallah
Purana Baraf Khana, Tibbi Sher Khan, Multan city.
3. Adnan Afzal S/o Muhammad Afzal, caste Mughal, R/o
Quarter No. 2, Canal Department, Mehrban Colony, Multan
city.
…….Respondent

Revision Petition U/s 435/439-A Cr.P.C.


against the order passed by Sardar
Muhammad Babar, the learned
Magistrate/Sec-30 dated 5.12.2000 by
which the further physical custody of
respondents No. 2 & 3 for the purpose of
investigation was refused.

CLAIM IN REVISION: -
To accept this Revision Petition and
physical custody of the respondents No. 2
& 3 be allowed for further investigation.

F.I.R. No. 347/2000 dated 2.11.2000


P.S. Chehlyak U/s 324/394 P.P.C.,
337D/34 added.
Respectfully Sheweth: -
1. That the above mentioned case was registered on the
application of petitioner. He stated that he has a shop namely
Sunrise Prize Bond on Abdali Road near Ghanta Ghar,
Multan. On 1.11.2000 at about 9.00 P.M. he, along-with
Ahmad Faraz nephew, Munawar Iqbal and Shafiq Bhatti were
standing on Khan Kiryana Store near his house when Hassan
accused of same locality came there and requested Ahmad
Faraz to drop him at Sports Ground. Ahmad Faraz went with
him on Motor Cycle No. 8967/MNP (owned by his father Fiaz
Ahmad). In Sports Ground, Adnan accused was already
present having acid in a plastic bottle in his hand. Hassan
accused inflicted Churri blows on the belly and ribs of Ahmad
Faraz, when the Adnan threw acid on the person of Ahmad
Faraz, and fled away with weapon of offence from the spot
after snatching the motor cycle. The occurrence was seen by
P.W.’s Adnan and Sajjad. The complainant was being
informed by Adnan P.W. and Ahmad Faraz injured was
removed to Nishtar Hospital being in precarious condition,
hence, this F.I.R. Copy of F.I.R. is Annex “A” and better copy
is Annex “A/1”.

2. That the Ahmad Faraz injured remained in hospital for 15


days. A major operation was conducted during this period and
the other is advised by the doctors in near future. Injury on
belly was declared dangerous to life. Copies of Medical
Certificate and Discharge Slip are Annexes “B & C”.

3. That Hassan accused filed a petition for bail before arrest


which was dismissed by the court of learned A.S.J. Mian
Basheer Ahmad Bhatti vide order dated 26.11.2000. Adnan
accused was also arrested on 26.11.2000.

4. That the respondents No. 2 & 3 were produced before the


Ilaqa Magistrate for physical remand for the recovery of
weapon of offence, snatched motor cycle and further
investigation. The police was granted 9 days physical remand
and on 5.12.2000 sent to judicial lock-up, even the offence
weapon was yet to be recovered.

5. That the order dated 5.12.2000 is liable to be set aside inter


alia on the following: -

GROUNDS

a) That the impugned order is against the natural justice


and law of equity.

b) That the impugned order is against prevailing law and


norms of justice.

c) That the learned Ilaqa Magistrate did not apply judicial


mind while dealing with the matter, and could not
exercise vested powers properly.

d) That the learned Ilaqa Magistrate badly failed to keep


balance between the rights of both the parties.

e) That both the accused persons were arrested on


26.11.2000 and were produced before the Ilaqa
Magistrate on the same day and two days remand was
granted till 27.11.2000. On 28.11.2000 the
Investigation Officer told that he could not investigate
the matter due to attendance in Hon’ble Court. On the
subsequent instance, two days physical custody was
allowed, but nothing could be recovered from the
accused and accused were produced in the court on
30.11.2000. On this instance two days physical remand
was allowed. The weapon of offence was recovered and
accused were produced before the court on 2.12.2000.
The accused were remanded to police for further two
days in which no clue for the recovery of stolen
property was found. On 4.12.2000 only one day’s
physical remand was granted. On 5.12.2000 even the
police requested for the physical custody, but same was
turned down and accused were sent to judicial lock-up.
f) That under the law, physical custody of accused can be
granted upto a period of 14 days. The law find it
enough period for the completion of investigation.

g) That at the time of trial the benefit of non-recovery of


stolen property will go to accused persons and damage
will be caused to the case of prosecution.

h) That the learned Ilaqa Magistrate exercised his powers


excessively.

i) That the learned Ilaqa Magistrate was duty bound to


exercise the powers within Four Corners of law.

j) That no one shall be penalized by any act of the court.

k) That great miscarriage of justice is caused to the


petitioner.
It is, therefore, respectfully prayed that this
petition may please be accepted, impugned order
may please be set aside and the learned Ilaqa
Magistrate may please be directed to grant
further physical custody to the police for further
investigation.
Any other order, direction or relief, which
this Hon’ble Court deems fit may please be
extended in the interest of justice.
Humble Petitioner

Dated: ___________

Through: -
Hamad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

CERTIFICATE: -
Certified as per instructions of the clients,
that this is the first petition on the subject
matter. No such petition has earlier been
filed before this Hon’ble Court.
Advocate
IN THE COURT OF SESSIONS JUDGE,
MULTAN.

Cr. Rev. No. _____________/2001

Riaz Ahmad VS. The State, etc.

AFFIDAVIT of: -
Riaz Ahmad S/o Qamar Din, caste Bhatti, R/o Tibbi
Sher Khan, Purana Baraf Khana, P.S. Chehlyak, Multan
city.

I, the above named deponent do hereby


solemnly affirm and declare that the contents of
the above Revision Petition are true and correct
to the best of my knowledge and belief and
nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of January 2001 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.

DEPONENT
IN THE COURT OF SESSIONS JUDGE,
MULTAN.

Cr. Rev. No. _____________/2001

Riaz Ahmad VS. The State, etc.

INDEX

S. No. NAME OF DOCUMENTS ANNEXES PAGES


1 Revision petition.
2 Affidavit
3 Photcopy of F.I.R. & better copy. A & A/1
4 Copy of Certificate. B
5 Copy of Discharge Slip. C
6 Dispensation Application.
7 Affidavit.
8 Vakalatnama
PETITIONER

Dated: ____________

Through: -
Hamad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

IN THE COURT OF SESSIONS JUDGE,


MULTAN.
In re: C.M. No. _____________/2001
In
Cr. Rev. No. __________/2001

Riaz Ahmad VS. The State, etc.

Dispensation application.

AFFIDAVIT of: -
Riaz Ahmad S/o Qamar Din, caste Bhatti, R/o Tibbi
Sher Khan, Purana Baraf Khana, P.S. Chehlyak, Multan
city.

I, the above named deponent do hereby


solemnly affirm and declare that the contents of
the above application are true and correct to the
best of my knowledge and belief and nothing has
been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of January 2001 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.
DEPONENT

IN THE COURT OF SESSIONS JUDGE,


MULTAN.
In re: C.M. No. _____________/2001
In
Cr. Rev. No. __________/2001

Riaz Ahmad VS. The State, etc.

APPLICATION FOR DISPENSING WITH THE


FILING OF CERTIFIED COPIES OF ANNEXURES.
=========================================

Respectfully Sheweth:-
That certified copies of Annexures “__________”are
not available. However, uncertified/photo state copies of the
same have been annexed with the petition, which are true
copies of the original documents.

It is, therefore, respectfully prayed that this Hon’ble


court may please dispense with the filing of aforesaid copies
of the documents.
APPLICANT,

Dated: __________
(RIAZ AHMAD)

Through: -
Hamad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

TELEGRAM
IN THE COURT OF CIVIL
JUDGE/FAMILY JUDGE, MULTAN.

TO

PLAINTIFF/PETITIONER HAS FILED A SUIT FOR _________


________________ TITLED ____________________________VS.
_______________________________ IN THIS COURT AGAINST
YOU AND NEXT DATE OF HEARING IS FIXED FOR ________
8. A.M. YOU ARE DIRECTED TO APPEAR IN THIS COURT
POSITIVELY OTHERWISE EX-PARTE PROCEEDINGS WILL
BE TAKEN AGAINST YOU.

SD/-
CIVIL JUDGE, MULTAN.