Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 157 & 561-A---Constitution of Pakistan, Art.199---Penal Code (XLV of 1860), S.392---Constitutional petition---Robbery---Discharge of accused from the case---Investigating Officer after concluding investigation, recommended the discharge of accused persons from the FIR---Magistrate acceding to the request made by Investigating Officer, passed well reasoned order discharging accused person from the case---Revision by the complainant against discharge order having been accepted by Appellate Court below, accused persons filed revision against order of Appellate Court below---Appellate Court below had acted beyond the mandate of law as the revision petition was not competent against discharge order passed by Magistrate---Order of discharge was merely an administrative executive order regarding custody of accused---Order of discharge only would mean that physical custody of accused was not further required for the purpose of investigation and could not be construed to be an order regarding cancellation of criminal case or termination of prosecution---Order of discharge, could always be recalled by the Magistrate, whenever, subsequently physical custody was required for proper investigation---Even a discharged accused, could subsequently be summoned by the Trial Court to face a trial---Police was quite justified in seeking discharge of accused persons and Magistrate was also amply justified in passing the order---No reason was available for interference in said order passed by Magistrate---Order passed by Appellate Court below, was set aside revision petition filed against order of Magistrate was not competent. ORDER SIKANDAR ZULQARNAIN SALEEM, J.---Brief facts of the instant petition are that on the application of Muhammad Ashraf son of Muhammad Siddique case FIR No.91 dated 7-4-2009 was registered against the petitioners at Police Station Kameer, District Sahiwal under section 392, P.P.C. Thereafter, Investigating Officer after concluding the investigation recommended the discharge of accused persons from the aforementioned FIR. The learned Magistrate Section 30, Sahiwal acceding with the request made by the…

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