Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 173---Penal Code (XLV of 1860), Ss. 457, 380 & 511---Lurking house-trespass, theft in dwelling house and attempting to commit offences---Summoning of challan of accused whose name was mentioned in column 'C'---Scope---Judicial Magistrate did not agree with the report of Investigating Officer and directed him to submit challan in the court---Validity---Previous enmity between the parties was on record and complainant was also accused in a double murder case---Police report was not binding upon the court---Judicial Magistrate took cognizance of the offence keeping the medical certificate in his consideration which was without consideration of facts and evidence and also without considering the material collected by Investigating Officer---Impugned order passed by the Magistrate was set aside. THIS ORDER PASSED BY: HASAN FEROZ, J.--- Through this Criminal Miscellaneous Application, the applicants have impugned order dated 24-1-2014 passed by learned incharge Civil Judge and Judicial Magistrate, Mirpurkhas, whereby he took the cognizance of the offence and directed the I.O. to produce the applicants/accused, who were released on bail by the police. 2. Precisely, the facts of the prosecution case are that on 24-12-2013 the complainant/respondent No.2 lodged F.I.R. that there was previous enmity between the parties over murders and, applicants came in Mirpurkhas with intention to arrest the complainant who was proclaimed offender in the murder case of one of the brother of accused. Such F.I.R. No.65/2013 was registered at Police Station Badeh, District Larkana. Applicants also in his statement recorded by I.O. stated that they came in Mirpurkhas and when they saw complainant Gulzar Gopang he fought with them and resisted. During such they were not possessed lathi or weapons, but only hot words were exchanged. 3. Learned counsel for the applicants has contended that the applicant No.3 Hakim Ali lodged F.I.R. No.65 of 2013 at Police Station Badah, Taluka Dokri, District Larkana under sections 302, 324, 148, 149, 337-H(ii), 504, P.P.C. against the respondent No.2/complainant and others in which two persons were murdered…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492