Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.337-F(i)(iii) & 504---Causing Damiyah, Mutalahimah, intentional insult with intent to provoke breach of peace---Quashing of order, application for---Magistrate, disagreeing with recommendation of Police report, whereby case was drawn under "C" class, directing S.H.O. concerned to submit challan of case against all three accused persons---Accused persons had filed application under S.561-A, Cr.P.C. for quashing of impugned order passed by the Magistrate---Respondent/complainant got registered F.I.R. against accused persons nominating them with specific allegations---Accused allegedly duly armed with Lathis and hatchet gave blows to the injured which hit on his body---Version of the complainant was fully supported by medical certificates issued by hospital---F.I.R. had been registered against accused persons after the directions issued by Justice of Peace---Injuries on the person of injured had been declared by Medical Officer as Jurh-Ghyr-Jaifah, Mutalihimah and Jurh-Ghyr Jaifah Damiyah, which constituted the cognizable offence---Injuries on the person of injured had not been declared as self-suffered by Doctor---Report of the Investigating Officer of the case in presence of medical certificate, which was corroborated by ocular evidence, had no evidentiary value---Investigating Officer could not be considered such as skilful person to give his opinion on medical evidence---Question as to whether medical evidence corroborated ocular version or not and what was evidentiary value of expert's report, could be decided only by the Trial Court---Magistrate having jurisdiction could pass order on Police report as sufficient material was on record for taking cognizance by the Magistrate---Impugned order passed by the Magistrate appeared to be justified and in accordance with law. 2011 SCMR 1430 and 2012 MLD 1075 ref. 2011 SCMR 1354 and 2011 SCMR 508 rel. ORDER ABDUL MAALIK GADDI, J.---Through this Criminal Miscellaneous Application under section 561-A Cr.P.C, the applicants have assailed the legality and propriety of the Order dated 22-7-2013, passed by the learned 2nd Civil Judge and…

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