Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 190 & 173---Cognizance of offence by Magistrate---Direction for submission of challan after disagreement with police report---Scope---Police submitted its report under S. 173, Cr.P.C. and requested disposal of case under 'B' class---Trial Court disagreeing with the police report, directed investigating officer to submit challan under S. 190, Cr.P.C. as in its opinion there was material on record to connect accused persons with the crime---Legality---When a police report under S.173, Cr.P.C. was submitted to the Magistrate, he was required to either agree with the police report for cancellation or where he did not agree with such report, he could order further investigation of the case, and in case, no further investigation was required to be conducted, the Magistrate should take cognizance of the offence in terms of S. 190, Cr.P.C.---Trial Court, in the present case, had rightly taken cognizance of the case as according to it there was ample material available with the prosecution to substantiate the charge---Application was dismissed in circumstances. Peer Ghulam Dastagir and 2 others v. The State 2007 YLR 930 and Muhammad Farooq Qureshi v. Judicial Magistrate Section 30 and 2 others 2010 PCr.LJ 261 distinguished. Farooq Sumar and others v. The State and others 2004 PCr.LJ 1023 and Muhammad Akbar v. The State 1972 SCMR 335 rel. ORDER MUHAMMAD TASNIM, J.---Through this Criminal Miscellaneous application, the applicants have challenged the order dated 30-7-2012, passed by Judge, Anti-Terrorism Court, Mirpurkhas on report under section 173, Cr.P.C. of the Investigating Officer for disposal under 'B' class in Crime No.76/2012, Police Station Satellite Town, Mirpurkhas under sections 365, 386, 34, P.P.C. The case of prosecution as set out in the F.I.R. is that on 24-5-2012 when complainant was present at home in the meanwhile, Aftab, Farooque, Asif and Waseem came and disclosed that they were present at Pathan Hotel at 2100 hours and were talking to each other in the meanwhile, one Car and police Mobile so also a motorcycle came in which Abid Qaimkhani, SIP/S.H.O. Amir Mari, SIP Amir Azam Shah, SIP Ghulam Mustafa…

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