Law: Criminal Procedure Code (V of 1898)

Section: 169,190

(a) Criminal Procedure Code (V of 1898)-----Ss. 169 & 190---Release of accused when evidence deficient---Scope---Investigating officer releasing accused under S.169, Cr.P.C on basis of defence plea of alibi taken by accused---Legality---During investigation accused persons raised plea of alibi, whereafter investigating officer released them under S.169, Cr.P.C.---Magistrate took cognizance of the matter under S.190, Cr.P.C. and joined accused persons to face trial on the grounds that they had been specifically nominated in the F.I.R. with specific allegations and there was sufficient material to connect them with the commission of the offence---Validity---Magistrate considered material/evidence collected during investigation before passing the impugned order---Such evidence could not be ignored merely on the defence plea taken by accused persons before the investigating officer---Release of accused persons by investigating officer under S.169, Cr.P.C., by giving preference to defence plea of alibi over prosecution evidence based upon ocular testimony and supported by medical evidence, was unlawful and beyond the parameters of S.169, Cr.P.C.---Impugned order of Magistrate did not suffer from any illegality, infirmity and was not without jurisdiction---Application was dismissed accordingly. Abdul Wahid v. The State and others PLD 2007 Lah. 65 rel. Zafrullah and another v. The State and another PLD 2012 Sindh 406 and Syed Paryal Shah v. Behram Ali and 3 others 2012 PCr.LJ 189 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 169---Release of accused by investigating officer when evidence deficient--- Scope--- Law did not permit the investigating officer to let-off any accused against whom sufficient evidence had been produced by the complainant merely on a defence plea raised by accused as the evaluation of two conflicting sets of evidence i.e. prosecution evidence and defence plea was not within the domain of powers vested in the investigating officer under S.169, Cr.P.C.---Release of accused could only be valid in case the prosecution evidence was "deficient", otherwise it was the exclusive jurisdiction of Trial Court to decide the guilt or innocence of…

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