Law: Criminal Procedure Code (V of 1898)

Section: 169,561-A

(a) Criminal Procedure Code (V of 1898)     S. 169 Release of the accused when evidence deficient Powers of Police Officer, exercise of Police Officer under S.169, Cr.P.C. was to act with great care and caution, lest a guilty person should go scot free without facing his trial Only when there was no sufficient evidence or reasonable grounds of suspicion to justify the forwarding of accused to competent Court that Police Officer could undertake the exercise under S.169, Cr.P.C. but ‘insufficiency of evidence’ or ‘non existence of reasonable grounds’ was one thing and evaluation of evidence forthcoming, for and against the accused at the investigation stage, was another; in case of evaluation of evidence, the Police Officer was not at all supposed to arrogate to himself the functions of adjudication in order to determine the nature of offence and then to give a pre trial verdict of innocence of the accused.   (b) Criminal Procedure Code (V of 1898)     Ss. 169 561 A Cancellation of case Inherent powers of High Court, exercise of Judicial Magistrate while cancelling the criminal case had not cared to have gone through the record of the case with such prudence as his office demanded of him and also had failed to apply his conscious mind to the facts of the case and evidence collected by Investigating Officer Non¬speaking order passed by Judicial Magistrate without giving any reason was set aside by High Court.   Shad Muhammad Khan for Petitioner.   Sabir Hussain Tanoli and Abdullah Jan Mirza for Respondents Nos. 1 to 3.   hearing date: 23rd June, 2000. JUDGMENT Shujjat Ali, the petitioner made a report to Additional S.H.O. Police Station Saddar Mansehra which was reduced into writing in the shape of Murasila and was sent to Police Station Saddar which culminated into registration of case vide F.I.R. No.372, dated 13 8 1998 in the Police Station Saddar, Mansehra. After registration of case, the Investigating Officer inspected the spot, prepared site plan, and during the site inspection recovered three spent bullets from inside the house near the main gate and two empties of .30 bore from the spot on 13 8 1998.…

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