Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 173 & 561-A---Application for quashing of orders---F. I. R. of applicant was registered against police officials under the orders of High Court passed in Constitutional petition---Allegation in the F.I.R. was that said police officials entered into the house of applicant and after breaking open the door and locks forcibly took away amount and other precious articles and manhandled the family members of the applicant including the ladies---Investigating Officer concluded that F.I.R. lodged by applicant was totally false---Report submitted by Investigating Officer before Judicial Magistrate was sent to the Sessions Judge because offence allegedly committed by the accused was exclusively triable by Sessions Judge and Sessions Judge agreed with the said report---Order of Sessions Judge .had been sought to be quashed---Validity---Magistrate who after receiving report was seized of the matter, could competently assume jurisdiction and pass proper order as it was exclusive authority of the Judicial Magistrate to pass order under S.173(3), Cr.P.C.---Section 173, Cr.P.C. did not provide for sending report of Investigating Officer to the Sessions Judge and did not indicate any role of Sessions Judge on report under S.173, Cr.P.C.---Order passed by Sessions Judge was coram non judice being without jurisdiction---Order of Sessions Judge being not judicial one, was amenable to inherent jurisdiction of High Court under S.561-A, Cr.P.C. in circumstances---Order of Judicial Magistrate whereby report was sent to the Sessions Judge also being without lawful authority, could be quashed by High Court in exercise of its powers under S.561-A, Cr.P.C.---Both orders' were quashed, in circumstances. Soofia Abdul Qadir v. The State and others 2000 PCr.LJ 520 ref. ORDER The facts leading to present application are that after order of this Court in C.P. No.33 of 2001 the F.I.R. of Akhtar Ali khan the applicant was registered at Darakhashan Police Station on 16-7-2001. In the F.I.R. Complainant Akhtar Ali Khan had alleged the A.S.P. Muhammad Aslam Khan, ASP Muhammad Farooq Awan, ASP Saleh Muhammad Khan, Inspector Sajjad Ahmed, Inspector…

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