Law: Criminal Procedure Code (V of 1898)

Section: 190(1),173,561-A

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 190(1), 173 & 561-A---Cognizance of offence by Magistrate after disagreeing with the police report---Scope---Magistrate issuing non-bailable warrants against accused persons without providing reasons for disagreement with the police report---Legality---Names of accused persons/applicants were placed in column No.2 of the challan as investigating officer opined that there was insufficient evidence against them---Challan was submitted before the Magistrate---Complainant also filed a written complaint before the Magistrate, who after disagreeing with the police report ordered issuance of non-bailable warrants against accused persons, without assigning any reasons for such disagreement and without hearing the accused persons---Contentions of accused persons were that impugned order of Magistrate was arbitrary and vague, and that Magistrate was bound to consider the material collected during investigation and then had to pass a just, fair and speaking order---Validity---Magistrate did not consider the material collected during investigation as his impugned order did not contain reasons for disagreeing with the opinion of investigating officer---Order of Magistrate seemed to be arbitrary and could be quashed by the High Court in exercise of its inherent jurisdiction under S.561-A, Cr.P.C.---Impugned order of Magistrate was set aside to the extent of issuance of non-bailable warrants against accused persons with a direction to the competent court to pass a proper and speaking order containing solid reasons on the report submitted by investigating officer under S.173, Cr.P.C. and complaint submitted by complainant, after allowing opportunity of hearing to both parties---Application was disposed of accordingly. Shoukat Ali and 2 others v. The State 1995 PCr.LJ 1749 rel. Haji Muhammad Aslam v. The State 1986 PCr.LJ 1492 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 190(1) & 173---Cognizance of offence by Magistrate after disagreeing with the police report---Scope---Under provisions of S.190(1), Cr.P.C. Magistrate was vested with the power to take cognizance of an offence against persons whose names were…

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