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Keywords: Illegal, Determination, Custody, Information, Procedure, Deterrent, High Court, Division, Prohibition, False Evidence, Provisions, Mistake, Investigation, Impugned Order, Testimony, Order, Proceedings, Orders, Charge-Sheet, Exception, Competency, Quashment, Discharge, Issuance, Evidence, Petition, Appearance, Presentation, Functions, Administration Of Justice, Recording, Discretion, Summons, Guilty, Plea, Receipt, Magistrate, Warrant Of Arrest, Cognizance Result: Application dismissed JUDGMENT This is an application under section 561-A, Cr. P. C. Read with sections 435 and 439, Cr. P. C. To quash the proceedings pending against the applicant in the Court of the Additional City Magistrate, Karachi. On 10th April 1969 Sultan Chowkidar of Abdul Kadir lodged a report at the police station that the to unknown persons at the instigation of the applicant had beaten him and stabbed him with a knife., This incident was witnessed by Qutubul Islam and Azizullah. On the basis of this report investigation was resumed. The statements of witnesses were recorded. The applicant had pleaded during 'the Police investigation that at the the of the alleged incident he was present in his factory at Garden West. To support this plea he produced a few witnesses whose statements were recorded by the police. On the basis of the material available, before the Police a report was sent to the Additional City Magistrate, Karachi, stating the facts and the substance of the evidence of various witnesses. In the conclusion it was stated as under : "It has been proved from the statement of the witnesses that the accused Abdul Rehman was not present at the spot. In these circumstances, as per order of the S. P., East Division, the release report under section 169, Cr. P. .C. Is sent herewith for approval. It is requested that the order for the release of accused Abdul Rehman under section 169,.Cr. P. C. May be passed." On this report the learned Magistrate passed the following order. "Released under section 169; Cr. P. C. Announced." However, subsequently a challan under section 173, Cr. P. C. Was sent on 8-5-69. Under the main heading of "the names and addresses of the accused persons…

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