Riaz Ahmad

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 P.S. Chehlyak

dated 2.11.2000 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, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. 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.

4

Copy of Certificate.

B

5 6 7

Copy of Discharge Slip. Dispensation Application. Affidavit.

C

8

Vakalatnama

A & A/1

PETITIONER Dated: ____________

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

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. 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, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. 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.