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Petitioner: ABBAS VS Respondent: SESSIONS JUDGE, FAISALABAD and 2 others
Court Name: Supreme Court of Pakistan Judge(s): Rashid Aziz Khan, Sh. Riaz Ahmad, Sh. Ijaz Nisar Title: ABBAS vs SESSIONS JUDGE, FAISALABAD and 2 others Case No.: Criminal Petition No,640-L of 1999 Date of Judgment:2000-05-24 Reported As: 2001 SCMR 734 Result: Leave refused
JUDGMENT
JUDGMENT ' RASHID AZIZ KHAN, J.---Facts giving rise to this petition for leave to appeal are that petitioner Abbas alongwith 3 others, was reported against with Police Station Tarkhani, District Faisalabad for the murders of Ghulam Sarwar, Umar Hayat, Muhammad Aslam and Karam Ali on 13-6-1998. Petitioner was arrested whereas remaining co-accused absconded and they have since been declared proclaimed offenders. In the present petition, the petitioner wants a direction to the trial Court to stay trial of the petitioner till the arrest of co-accused persons. It has also been prayed that judicial enquiry be ordered as the petitioner is innocent. 2. Learned counsel for the petitioner as well as State have been heard at length. We have considered the request of the petitioner for stay of the trial but we find there is no provision of law under which trial can be stayed. Evidence against the co-accused will be recorded under section 512, Cr.P.C. Even otherwise, if co-accused does not appear for 10 years it does not mean that accused cannot be tried for such a long period. As far the question of holding judicial enquiry is concerned, there is no provision in Criminal Procedure Code under which such an enquiry can be ordered. There is no merit in this petition which is dismissed and leave to appeal is refused accordingly.
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