Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 173, 77, 87 & 88---Penal Code (XLV of 1860), Ss.302, 324, 338-C, 506(2) & 34---Qatl-e-amd, attempt to commit qatl-e-amd, Isqat-i-Janin, criminal intimidation, common intention---Issuing non-bailable warrants---Police investigated the case against accused, and Investigating Officer, placed names of accused persons in column No.2---Magistrate did not agree with said report of Investigating Officer, and vide impugned order, joined accused persons and ordered issuance of non-bailable warrant to them, which order of Magistrate had been challenged by accused persons in their application filed under S.561-A, Cr.P.C.---Validity---Magistrate was not merely a post office to send up all accused persons nominated by the Police for trial, and let off those placed in column No.2 of the challan---Magistrate, had to apply his conscious mind and thereafter make up his mind to agree or disagree with the Police report---Magistrate would take cognizance of the offence and not the particular person named in the challan---If the Magistrate would decide to join the person who had been placed in column No.2 of the challan, he was duty bound to summon him or them which could also include using coercive process viz., issuance of non-bailable warrants and proceedings under Ss.87 & 88, Cr.P.C., if such person despite efforts did not appear before the Magistrate---Accused persons, in the present case, had been cooperating with the Police---As names of accused persons were placed in column No.2, it would be harsh to issue non-bailable warrants against them in the first instance---Magistrate, should in the first instance, issue bailable warrants; and if accused persons did not appear, then coercive method should be adopted---Non-bailable warrants issued against accused persons, were converted into bailable warrants, in circumstances. ORDER ABDUL MAALIK GADDI, J.---By this order I intend to decide the above Criminal Miscellaneous Application under section 561-A, Cr.P.C, filed by applicants/ accused 1. Abdul Malik, 2. Raheem Bux, 3. Muhammad Siddique, and 4. Ameer Bux, all by caste Brohi, who are allegedly involved in Crime…

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