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Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.302, 201 & 149---Qatl-i-amd, causing disappearance of evidence of offence, or giving false information, common object---Application for quashing of order---Order, whereby Judicial Magistrate, not agreeing with the Police report, submitted by Investigating Officer under S.173, Cr.P.C. to dispose of FIR as cancelled 'C' class, had ordered said Investigating Officer to submit the challan against accused persons, had been sought to be set aside with a further prayer that the case could be remanded to concerned Magistrate to pass fresh order on the summary "C" class, and to quash the proceedings against applicant/accused arising out of FIR---Record had shown that statements of different persons, medical and circumstantial evidence, had not been discussed or considered by passing impugned order---Impugned order was set aside with the direction to the Magistrate to pass speaking and elaborate order strictly on merits after affording fair opportunity of hearing to both the parties. Muhammad Nasir Cheema v. Mazhar Javed PLD 2007 SC 31; Syed Pariyal Shah v. Behram Ali 2012 PCr.LJ 189; Muhammad Farooq Qureshi v. Judicial Magistrate 2010 PCr.LJ 261; Syeda Afshan v. Syed Farukh Ali and 3 others PLD 2013 Sindh 423; Faisal Jaffery, ASI v. The State 2012 YLR 1089; Bakhsha Ali v. The State and 7 others 2013 YLR 1948; Saifal v. State 2012 YLR 287; Aurangzeb v. The State 2011 YLR 60; Zafar Gulzar v. SSP Special Branch and 3 others 2010 MLD 1012 and Abdul Hafeez Junejo v. The State 2010 YLR 470 ref. ORDER SYED MUHAMMAD FAROOQ SHAH, J.---Through the captioned application under section 561-A, Cr.P.C., the applicants have prayed to set aside the impugned order dated 19-10-2012, whereby learned 1st Civil Judge and Judicial Magistrate Sehwan not agreeing with police report, submitted by I.O. under section 173, Cr.P.C. to dispose of FIR No. 84 of 2012, as cancelled 'C' class, ordered the said Investigating Officer, SHO PS Bhan, to submit the challan against accused persons in the case, on the prescribed pro forma within 15 days. It has further been prayed that the case may be remanded to the concerned…

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